Basic Facts about the Administrative Law Judge Social Security Disability Hearingcontinued from: What is a Social Security administrative law judge disability hearing? 1. A Social Security Disability or SSI hearing is held at an approved location which is usually a hearing office (ODAR, office of disability adjudication and review), but is sometimes a satellite location (a rented office in a bank or a hotel conference room, for example) for the convenience of claimants who live too far from the actual hearing office. Hearings are also conducted by video to make it easier for both the claimant and the ALJ; however, a claimant who is uncomfortable with having a hearing by video has the right to an in-person hearing if they so demand. 2. A hearing is a process in which the claimant may also appear with a designated representative, who can be a disability lawyer, or a non-attorney claimant's representative. 3. At a hearing, the responsibility for obtaining medical record evidence (which can include statements from the claimant's treating physician, or physicians if there is more than one) falls on the claimant. Unlike the disability application and reconsideration appeal levels in which all the evidence gathering is done by a disability examiner, at the hearing level the government no longer does any preparation for the case. This is the responsibility of the claimant or their attorney if they are represented. 4. Hearings can last over an hour, but can sometimes be concluded in under twenty minutes (ALJs sometimes have their minds made up well before the hearing even begins). 5. In some cases, a judge may decide to do an on-the-record review of a case and issue a decision prior to the date of the hearing. Usually, this occurs only if a claimant's attorney requests that an on-the-record review be conducted. If an on-the-record decision is made, it is "fully favorable". Anything less than a fully favorable determination would require that the hearing go forward as scheduled. 6. In some cases, a judge may decide to hold the hearing but issue a decision at the hearing versus requiring the claimant to wait for formal notification through the mail. This is known as a bench decision. Bench decisions, like on-the-record decisons, are only granted if the case can be approved as fully favorable (meaning that the judge agrees with the AOD, or alleged onset date, provided by the claimant at the time they decided to file for disability OR that the claimant has agreed to amend their onset date to be in agreement with one proposed by the judge). 7. A claimant is not required to have a representative for a hearing before an ALJ but it is well-advised since it can take well over a year to get a hearing scheduled. Meaning that, for something that takes so long to get to, one should be as prepared as possible. Representation generally results in a substantially more prepared case in addition to a better understanding of the facts of the case and a more skilled presentation of the argument as to why disability benefits should be granted to the claimant. 8. Disability judges are required to provide advance notification of a scheduled hearing date at least 20 days before the hearing actually occurs. 9. Unlike disability examiners at the disability application and reconsideration appeal levels, ALJs actually give weight to the opinion of a claimant's treating physician (a doctor who has a history of providing treatment to a patient, making that doctor qualified to comment on the patient's prognosis and functional limitations). For this reason, a disability representative will usually obtain a medical source statement (also known as a residual functional capacity statement) from a claimant's treating physician. 10. The disability hearing may involve the presence of a medical and/or vocational expert called to appear by the administrative law judge. Medical experts illuminate information contained in the claimant's medical records and can extrapolate for the judge what the claimant's level of functionality might be. Vocational experts can provide testimony as to the vocational job base that might be available to a claimant with a certain level of functional capacity given their age, education, and job skills. When an expert appears at a hearing, it will be the job of the claimant's attorney to respond to hypothetical situations entertained by the expert concerning what the claimant is physically or mentally capable of doing and whether or not they can perform a specific job. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? 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