Getting Ready for Your Disability Hearing Before a Judge
To get ready for a disability hearing, read the hearing notice closely, get every missing record in at least five business days before the hearing, and practice describing a typical day honestly. Social Security mails the notice at least 75 days ahead, and it tells you how you will appear.
The hearing is the first stage where you speak directly with the person deciding your claim. An administrative law judge reviews the record, asks you questions, and often hears from a vocational expert. This page covers requesting the hearing, reading the notice, the evidence deadline, what happens during the hearing, and what to ask your representative beforehand.
Where this page sits
- Application
- Initial decision
- Reconsideration
- HearingYou are here
- Appeals Council review
How to request a disability hearing after reconsideration
If reconsideration is denied, you have 60 days from the day you receive that notice to request a hearing before an administrative law judge. Social Security treats the notice as received five days after the date printed on it unless you show otherwise. The request should say why you disagree, list any evidence you still plan to send and when, and name your representative if you have one.
Sources: 20 CFR 404.933; 20 CFR 404.901; SSA, Appeal a decision we made.
What your notice of hearing tells you
Social Security mails the notice of hearing at least 75 days before the hearing date. It lists the issues the judge will decide, the time of the hearing, and how you will appear. If you are scheduled to appear in person or by video at a Social Security office, it also gives the place. The notice asks you to return a form confirming you received it.
Hearings happen by phone, by video at a Social Security office, by online video on your own device if you agree to it, or in person. Before scheduling, Social Security sends a notice saying it may schedule you by phone or video; if you object to either, you have 30 days after receiving that notice to say so in writing.
Sources: 20 CFR 404.938; 20 CFR 404.936; 20 CFR 404.929.
The five-business-day evidence rule for disability hearings
You must submit, or tell Social Security about, any written evidence no later than 5 business days before the hearing. Records that miss that deadline can be left out unless the judge finds an exception applies, such as a serious illness, a records request that was made diligently but not answered in time, or a limitation that kept you from meeting it.
The practical answer is to request records early and keep a list of every request: who you asked, when, and what came back. If a provider has not responded, tell the hearing office before the deadline rather than after it.
Source: 20 CFR 404.935.
What happens at a Social Security disability hearing
The hearing is informal compared with a courtroom. The judge may ask about your health, your treatment, your work, and how you spend a typical day. You can present witnesses and question the witnesses Social Security calls, who usually include a vocational expert and sometimes a medical expert appearing by phone or video. The judge issues a written decision afterward.
The most useful preparation is honesty about what a normal day looks like, including the bad days and how often they come. Ray Akers, the firm’s managing attorney, gives clients the same instruction before every hearing: “Listen carefully, answer honestly even if it hurts.” The judge usually has the records in front of them, so a candid answer is also the safe one.
Nerves are normal, and they are not a bad sign.
“I am more concerned about clients and attorneys who are not anxious at all, as that’s an indicator of not caring about the outcome.”Ray Akers, Managing Attorney, Downard & Associates
Sources: 20 CFR 404.900; 20 CFR 404.929; 20 CFR 404.936; 20 CFR 404.953.
Questions to ask your representative before the hearing
- How will I appear: by phone, by video, or in person?
- Which records are still missing, and who is requesting them?
- What is the judge likely to ask me about?
- Will a vocational expert testify, and what does that testimony usually cover?
- Should anyone testify for me?
- What happens after the hearing, and how will I hear the decision?
How Downard & Associates helps with disability hearings
We build the record before the five-day deadline, prepare you for the questions, and represent you before the judge, whether the hearing is by phone, by video, or in person.
Talk with Downard & Associates about your claim
Downard & Associates represents adults with SSDI and SSI claims in every state by phone and video, from applications through Appeals Council review. Sending an inquiry starts a conversation; it does not file anything with Social Security. We respond to inquiries within 3 business hours.
Representation before Social Security nationwide: 42 U.S.C. 406; 20 CFR 404.1705.
Questions people ask before a disability hearing
Can I bring a witness to my disability hearing?
Yes. You can present witnesses at the hearing, and someone who sees your daily life, such as a spouse or a former coworker, can describe what they have observed. Tell your representative or the hearing office ahead of time so the judge knows to expect them.
What if I cannot attend my hearing on the scheduled date?
Ask to change it in writing as early as you can, and give the reason. The rules set the limit at no later than 5 days before the hearing or 30 days after you receive the notice, whichever comes first, unless you show good cause. Missing a hearing without a good reason can lead to the request being dismissed.
Is the vocational expert working against me?
No. A vocational expert is a witness Social Security calls to testify about jobs, and the hearing process is meant to be non-adversarial. The expert answers questions about what work a person with certain limitations could do, and you or your representative can question the expert too.
Sources: 20 CFR 404.929; 20 CFR 404.936; 20 CFR 404.938; 20 CFR 404.900.