WE'RE HERE TO SERVEALJ Hearing Support for Attorneys

ALJ Hearing Support for Attorneys

A disability hearing, presided over by an administrative law judge (ALJ), is the second stage of a multi-level appeals process to challenge unfavorable outcomes in Social Security Administration disability cases. The hearing level can be critical in determining whether an individual receives Social Security disability benefits.

The success rate for claimants at SSA hearings is about 51%, the highest of any level in the appeals process. Attorneys and law firms with clients with disabilities in need of assistance with a Social Security disability claim should consider making use of the services of an ALJ hearing consultant.

Attorney consultant James Mitchell Brown has more than 50 years of experience practicing disability law and helping people throughout Ohio obtain Social Security Disability and Supplemental Security Income benefits.

As an ALJ hearing consultant, James Mitchell Brown shares his decades of hands-on experience with attorneys and law firms. Contact him today for a consultation to learn what he can do to improve your disability practice.

Understanding ALJ Hearings

When individuals disagree with decisions made by the Social Security Administration, including initial disability application denials, they may challenge them through a multi-level appeals process. The process includes the following levels:

• Reconsideration
• ALJ hearing
• Appeals Council review
• Civil action in a federal district court

An individual needs to go only far enough through the process to achieve a favorable outcome.

A disability hearing provides the claimant’s attorney with an opportunity to provide live testimony from witnesses, including the claimant, as evidence in support of the case. A vocational expert may be present as a witness to provide testimony to help the ALJ make a decision, but the attorney for the claimant may request that a vocational expert be present to testify at a hearing.

Prior to the hearing, the attorney for the claimant has the chance to review the Social Security case file. This provides an opportunity to identify the case's strengths and weaknesses and to plan a hearing strategy to achieve a favorable outcome.

How Consultants Prepare Attorneys

Preparation for the hearing by a disability attorney includes:

• Reviewing the Social Security case file.
• Preparing a strategy, including deciding on the witnesses to call on behalf of the claimant and the documentation to present as evidence.
• Gathering medical records and other evidence. This may include requesting updated physicians’ statements and records.
• Preparing the claimant for the hearing and the questions that may be asked by an ALJ.

A hearing brief is a document prepared by a disability attorney and submitted to the ALJ in advance of a hearing. The brief summarizes the claimant’s condition and the evidence supporting the claim. Briefs direct an ALJ’s attention to facts and evidence favorable to the claimant.

An ALJ hearing consultant prepares attorneys by going through the steps of the disability hearing prep and helping the attorney with each of them by providing guidance and suggestions. The consultants use their experience and knowledge of the hearing process to help the attorney develop a strategy and identify the evidence needed to support it.

Judge Question Patterns

An ALJ uses the disability hearing to gather information from a claimant about their condition, including how it affects their ability to do daily and work-related activities. Our ALJ hearing consultant draws on his extensive experience to prepare attorneys and their clients for the areas typically covered by questions asked by ALJs, including:

• Personal Information: An ALJ may ask about personal information, including age and education.
• Work History: Questions about work the claimant did in the past can be used, along with their age and education, to decide whether their disability allows them to do past work or adjust to doing other types of work.
• Medical And Limitations: An ALJ may ask questions about the ability of a person to do household chores and other activities that appear unrelated to working, but the ability to stand, lift, and climb stairs at home could indicate to a judge the ability of a claimant to do work activities.

This information provides the attorney with information to use to adequately prepare their client for the hearing.

Vocational Expert Cross-Examination Tips

Vocational experts know about occupational trends and labor market conditions, so they can provide information about the skills and physical or mental demands of different types of jobs. However, they cannot evaluate the medical condition of a claimant, so they cannot say what the claimant can or cannot do when it comes to working. They can only respond to hypothetical questions posed by the ALJ.

Tips for cross-examination of a vocational expert include:

• Ask a modified version of the ALJ’s question: The claimant’s attorney can modify the facts of a hypothetical question asked by the judge that forces a vocational expert to say that no jobs matching them currently exist.
• Question whether a claimant’s limitations allow them to do the jobs the expert says are available.
• Point out how the expert’s opinions conflict with the medical evidence in the case.

The vocational expert guidance offered by an ALJ hearing consultant can be crucial for winning a disability benefits case.

Post-Hearing Guidance

An ALJ generally does not announce a decision at the hearing. While waiting for the decision to arrive by mail, it is essential that a claimant continue their medical care and treatment, including taking prescribed medication. An unfavorable hearing outcome may be appealed to the Appeals Council; therefore, a consult uses the time between the hearing and the decision to review the case in the event of a further appeal.

Attorney consultant James Mitchell Brown provides attorneys and law firms with the skills, knowledge, and expertise developed over more than half a century of disability law practice. Learn how he can help your firm by contacting us today for a free consultation.