A Social Security Disability hearing is held before an Administrative Law Judge. The hearing is less formal than a traditional courtroom, and it is non-adversarial.
This means the Social Security Administration does not have an attorney representing its interests. The agency’s role is to provide benefits for claimants and deny benefits to claimants who don’t qualify. The Administrative Law Judge assumes a neutral position for the purpose of acquiring facts in determining if an individual has met the requirements for disability benefits as defined in the Social Security Act.
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Disability benefits is usually granted to about 60% of the individuals that have filed appeals. When presenting your case before the ALJ, your attorney will submit all necessary information including but not limited to: medical records, witness testimonies, and medical opinions. During the Social Security Disability Hearing, your attorney will present evidence or statements to the ALJ in support of your disability claim.
All claimants have the option of appearing before the ALJ in person or by video teleconference. The submission of evidence is not governed by traditional court proceedings, and most evidence is allowed. If your attorney is having a difficult time acquiring evidence in support of your disability claim, a subpoena can be requested. You attorney may also request an extension and submit the evidence after the hearing.
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