At the Hearing

At the Social Security Disability Hearing

Almost all claimants who are scheduled for a hearing on their disability claim have been waiting many months, and if the claim is not won at the hearing, there will usually be additional long delay before the Appeals Council acts on any appeal from an adverse hearing level decision.

This is the first opportunity to present your case in person to a judge. Therefore, it is essential that your case be fully prepared for the hearing, and that you are prepared to testify as well as the witnesses that we present to testify.

I will meet with you for whatever time it takes to prepare your testimony. I will confer with our other witnesses to make sure that each of them understands what will happen at the hearing and prepare his or her testimony.

Medical Testimony at the Social Security Disability Hearing

It is fairly rare for physicians to come to Social Security hearings. This is because physicians charge a high hourly fee and they prefer to practice medicine than attend legal proceedings. However, sometimes physicians are willing to appear at a hearing, and in some cases live testimony is crucial to winning a favorable decision at the hearing. Therefore, in appropriate cases, I consider and discuss with my clients the possibility of having their doctor appear at the hearing. If that is not possible, the best alternative is for the doctor to testify via a speakerphone in the hearing room.

Another option is for me to do a tape-recorded interview with the physician and to submit a transcript of the interview to the judge. Finally, the opinions of a physician can be submitted on written questionnaires. In some cases this is adequate, and most lawyers rarely, if ever, submit the opinions of physicians other than in written form. However, in my opinion, this is the least effective method of presenting your doctor’s opinions about your disability. A judge is much more likely to be influenced by your doctor if he hears and sees the doctor in person or hears him by speaker phone and has the opportunity to ask him questions. This can make the difference between winning a favorable decision at the hearing and receiving a denial.

Many judges have a medical doctor appear at the hearing to render opinions concerning your capacity to perform various work-related activities. These doctors have not examined you, and often they minimize your impairments. In my experience, such doctors are much less likely to challenge the opinions of your physician if he or she is present for the hearing or is attending the hearing by telephone. If the doctor Social Security has brought to the hearing does not challenge your doctor’s opinions, it is much better that your doctor be available to respond.

While there is much that is not within our control such as which judge is assigned to your case, and whether a doctor other than your treating doctor testifies at your hearing, there is much that can be done to increase your odds of winning.

Contact the Law Offices of Stuart Pastor for an Appointment

For a free initial consultation — at my office or over the phone — contact my office to schedule an appointment. Call toll-free, 1-888-616-6162, or send me an e-mail.