If your SSDI application and reconsideration were denied, the next step is a hearing before an Administrative Law Judge (ALJ). This is the most critical stage of the process, and where legal representation makes the biggest difference.
What is an ALJ Hearing?
An ALJ hearing is an informal hearing before a federal judge appointed by the SSA. There is no jury, no prosecutor. The judge will review your file, hear your testimony, and may call a medical expert and/or vocational expert. It generally lasts 45-90 minutes and is held by video conference or in person.
The Key Participants
In addition to the judge and yourself: (1) your attorney, who presents arguments and cross-examines experts; (2) a Medical Expert (ME) designated by the SSA; and (3) a Vocational Expert (VE), who testifies about what jobs you could do given your condition. The vocational expert is crucial, if your attorney can demonstrate there are no jobs you can perform, you win the case.
How to Prepare
Preparation begins months in advance. Your attorney must review your entire medical file, obtain a functional limitations letter from your treating physician, prepare you for testimony, and review the vocational expert's theory to have cross-examination arguments ready.
Common Mistakes That Cost the Case
The most frequent errors are: minimizing symptoms, inconsistencies between your testimony and medical records, and not having specific answers about how your condition affects daily activities. With preparation and representation, the odds of winning before an ALJ are significantly better. Contact us to get started.