The best way to prepare for an SSDI hearing is to know your case. Review your medical records, work history, application, and other information in your Social Security file before you appear before the Administrative Law Judge, or ALJ.
You should also be prepared to explain how your medical conditions affect your ability to work. The hearing is your opportunity to testify, but your testimony should match the evidence in your case.
What should I review before my hearing?
Start by reviewing your application and the information you have already provided to the Social Security Administration. Make sure you understand what you reported about your medical conditions, symptoms, treatment, work history, and daily activities.
This matters because the ALJ may ask you about information from your application or medical records. If your testimony differs from what you previously reported, the judge may ask you to explain why.
Review your medical records as well. Pay particular attention to recent treatment, changes in your condition, medications, testing, and statements from your doctors about your limitations. The SSA says you must submit or inform the agency about written evidence related to your disability hearing no later than five business days before the hearing, subject to limited exceptions.
What questions will the ALJ ask?
There is no single list of questions that every ALJ will ask. The questions depend on your medical conditions and the issues in your particular case.
You should expect questions about your symptoms, medical treatment, medications, education, training, work history, and daily activities. The ALJ may also ask about your ability to sit, stand, walk, lift, concentrate, follow instructions, or interact with other people.
The best advice is to answer honestly and specifically. If you do not remember something, say so. If you do not understand a question, ask the ALJ to repeat it.
Do not exaggerate your symptoms. You do not need to make your condition sound worse than it is. Explain what actually happens when you try to perform an activity.
How should I explain my limitations?
Be specific. Saying, “I have back pain,” does not tell the ALJ how your condition affects your ability to work.
Instead, explain what your back condition prevents you from doing. How long can you sit before you need to change positions? How far can you walk? How much can you lift? Do you need to lie down during the day? Does your pain affect your ability to concentrate?
The same applies to mental health conditions. Explain problems with concentration, memory, following instructions, dealing with other people, handling stress, or completing tasks if those problems affect your ability to work.
Concrete examples are more useful than general statements.
What about my daily activities?
The ALJ may ask what you do during a typical day. This does not mean you have to be completely unable to do anything to qualify for disability benefits.
Be honest about what you can do and explain how your medical conditions affect those activities. If you can prepare a simple meal but need to sit down several times, say that. If you can shop for groceries but need help, explain that.
Your daily activities should be considered in the context of your limitations. Being able to perform an occasional household task does not necessarily mean you can maintain full-time employment.
What happens at an SSDI hearing?
An SSDI hearing is not like a traditional courtroom trial. The ALJ reviews the evidence and asks questions about your claim. Depending on the circumstances, the judge may also hear testimony from a medical expert or vocational expert.
The hearing process can take time. The SSA currently advises that hearing requests may take a while to process and sends a notice explaining how you can attend the hearing. Hearings may use different attendance methods, so read your notice carefully and follow the instructions provided.
If you have a telephone or video hearing, make sure you know how you will participate before the hearing date. Find a quiet place where you can hear the questions and answer without unnecessary interruptions.
Should I have an attorney at my SSDI hearing?
You may represent yourself, but you don’t have to prepare for the hearing alone.
An experienced disability attorney can review your file, identify missing evidence, help you understand the issues in your claim, and prepare you for questions you may be asked. Your attorney can also address testimony from a medical or vocational expert when those experts participate in the hearing.
There is no honest way to promise what will happen at an SSDI hearing. The best course is to understand your case, make sure the evidence is properly submitted, and prepare to answer the ALJ’s questions clearly and truthfully.
How Herren Law Can Help
Herren Law has more than 30 years of experience handling disability claims and regularly represents claimants at administrative hearings.
If you have an upcoming SSDI hearing and need help preparing, contact Herren Law for a free evaluation. A careful review can help determine what you need to do before your hearing and advise you on the right next step. Call our office at 1-800- LAW (529)-7707 toll-free (in Houston, (713) 588- 5851) or via our website.
