Inside Your Social Security Disability Hearing: What to Expect and How to Win

Welcome to Season 1, Episode 37 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Inside Your Social Security Disability Hearing: What to Expect and How to Win."

Most people think a Social Security Disability hearing is just another appointment - a chance to tell the judge you can’t work and wait for a decision. But in reality, your hearing is one of the most critical - and strategic - stages of your entire claim. It’s not just about what you say; it’s about how you say it, what evidence supports it, and how it all fits into the Social Security Administration’s strict definition of disability. In this episode of Winning Isn’t Easy, disability law expert Nancy L. Cavey breaks down everything you need to know about your Social Security Disability hearing. She explains what really happens in the hearing room, what the Administrative Law Judge (ALJ) is looking for, and how medical and vocational experts can shape the outcome of your case. Nancy also reveals why preparation is key - from organizing your medical records and understanding your limitations to practicing your testimony so it’s honest, clear, and persuasive. You’ll learn why your attorney might challenge your answers during prep, how credibility can make or break your claim, and what strategies can help you overcome common pitfalls. By the end, you’ll know exactly what to expect, how to handle tough questions, and how to make your case as strong as possible when it matters most. When it comes to Social Security Disability hearings, the truth is simple: Winning Isn’t Easy - but with the right preparation, the right story, and the right advocate, you can turn your hearing into your best chance for success.

In this episode, we'll cover the following topics:

One - Understanding Social Security Disability Hearings

Two - Why You Should Hire a Social Security Disability Attorney if the Judge Calls a Medical Expert

Three - Why Your Social Security Lawyer May Be Mean to You During Your Disability Hearing

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


Need Help Today?:

Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:00]:
 Foreign welcome back to Winning Isn't Easy Social Security Disability Benefits, the podcast where we break down everything you need to know about navigating the Social Security system. I'm your host, Nancy Cavey, and today I'm going to be talking about a number of issues involving hearings. But before I start that, I have to give you a legal disclaimer. This this podcast isn't legal advice. The Florida Bar association says I have to tell you this. And now that I've told you that, nothing will ever prevent me from giving you an easy to understand overview of the disability claims process, the games that are played, and what you need to know to get the disability benefits you deserve. So today I'm going to be tackling an important stage in your disability claim, the hearing. If you've received notice of your hearing, you probably have lots of questions.
 
 Nancy Cavey [00:00:58]:
 Exactly what is a Social Security disability hearing? How does it work? Do I have to really answer the judge's questions? Aren't you going to answer them for me? And most importantly, what can you do to make sure that you are fully prepared? These are the questions I hear every day from my clients, and the answers I will tell you can make or break your case. A Social Security hearing isn't like what you've seen on tv. There's no jury, there's no prosecutor, there's no dramatic courtroom showdown. Instead, it's an informal but incredibly important proceeding where an administrative law judge, known as an ALJ, listens to your testimony, reviews your medical records, and often hears from medical or vocational experts in a hearing that will last only about an hour. During the course of the hearing, the judge is going to gather information they need to decide whether you meet the five step sequential evaluation test used in every Social Security case. Now remember, they're not bound by the earlier denials. They're going to make an independent decision. But most people don't realize how much strategy goes into preparing for these hearings and attending the hearings.
 
 Nancy Cavey [00:02:00]:
 And it's not just about telling your story. It's about telling it the right way, supported by the right medical evidence and framed under the strict rules that Social Security uses to evaluate every claim. That's why, in my view, preparation matters so much. In this episode, we're going to break down what you can expect at the hearing, why the judge might call a medical expert, and why your lawyer may seem a little mean to you during this entire process. By the end, you're going to understand not only what a hearing is about, but why having an experienced attorney by your side can make all the difference between winning your case and losing your case. So we're going to talk about three things today. First, understanding Social Security disability hearings. Two, why would you hire a Social Security disability attorney if the judge tells you they're going to call a medical expert? And why your Social Security lawyer may be mean to you during your disability hearing.
 
 Nancy Cavey [00:02:59]:
 Got it. Come back in a moment after we take a quick break.
 
 Speaker B [00:03:03]:
 Are you considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability benefits claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:39]:
 Welcome back to Winning isn't easy understanding your Social Security disability hearing. Now you've just gotten noticed that your hearing has been scheduled. And if you're like most people, they're nervous and they're overwhelmed, this is just more than a hearing. This hearing is going to decide whether you're entitled to your Social Security disability benefits and subsequently after 29 months, whether you're going to be eligible for Medicare benefits. So there's a lot at stake. It's your chance to prove that you are disabled under the Social Security rules. Now remember, there's a five step sequential evaluation test and you have the burden of proving, quite frankly, every one of the elements, even though under the law at step five, Social Security is supposed to have the burden to prove that there's other work in the mythical, hypothetical, not real world national economy that you can allegedly do in view of your age, education, skills and whatever your restrictions and limitations might be. Let's compare and contrast for a moment.
 
 Nancy Cavey [00:04:37]:
 So what exactly is a Social Security hearing? It's not like a criminal trial. It's not like a civil lawsuit. These hearings are informal non jury proceedings. But I will tell you that in many instances the judge acts not only as the judge but as the jury. The purpose of the hearing is to give you an opportunity to present evidence through your testimony, your medical records, residual functional capacity forms, and maybe, just maybe some witnesses that show that you meet that five step sequential evaluation test. Now the hearing is also generally going to involve another witness or witnesses that could be a medical expert, but more likely it's going to be a vocational expert who's going to Testify at step 4 and 5 about your ability to do your past work and at step five, your ability to do other work in the mythical hypothetical, not real world national economy. In view of a hypothetical that the judge is going to construct and many Times the hypothetical will make or break your case. Now, most hearings are going to last 45 minutes to an hour.
 
 Nancy Cavey [00:05:43]:
 Judge's judicial assistant is going to get you on the phone or give you the information to do a team's zoom like hearing. Very few hearings these days are held in person and that's been since COVID Now again, the judge's judicial assistant is going to get you the vocational expert, the medical expert on the line, and then they're going to connect the judge. The judge is going to start out by going through some preliminaries. They want to unsure if you're represented, that in fact you want this attorney to represent you. They're going to ask whether or not you are recording the conversation because you can't. They're going to remind you that you are not allowed to communicate electronically with anyone. They want to make sure that there's no one else in the room with you because these hearings are private. They are going to ask you or your attorney if you're waiving a reading of the issues, which is basically explaining the five step sequential evaluation.
 
 Nancy Cavey [00:06:37]:
 Now, with that done, then the judge is going to do some preliminaries with your lawyer. We do a five page memorandum of law in every case and that's all we can do, unfortunately. And so the judge may ask us about our theory of the case. I refer the judge to my memorandum of law and what the judge is looking for are things like, well, what's the onset date, the day you're claiming you're disabled? What's the medical records that support this date? Do you have what's called medically determinable impairments? What's the theory of the case? Do you mean a listing? At step three, can you go back to your past work at step four, Step five, can you do work in the mythical hypothetical, not real world national economy? In view of your age, education and skills, and depending on your age, the judge is going to ask questions about transferable skills. They're going to be going through this with your attorney, either in the form of the memo or a quick overview of the lawyer's theory of the case. Then you're the star of the hearing. The judge is going to ask about your medical conditions, your symptoms, your daily activities, your work history, how your limitations may affect your ability to work. They also may ask questions about what's in your medical records.
 
 Nancy Cavey [00:07:49]:
 I will tell you. At our law firm, we take preparation very seriously. We have two videos that our clients get. One is a video of a mock Social Security hearing. So they can actually see what one looks like. But the more important video that we do is a direct exam video where we in an hour go through all the questions that a person is generally asking, give suggestions for how to truthfully tell your story in a way that the judge understands, which is symptoms and functionality. We also give our clients the direct exam questions and ask that they write out the answers. And we also give them a symptoms and functionality worksheet and ask that they explain what their symptoms are by medical condition and how those symptoms impact their ability to function.
 
 Nancy Cavey [00:08:31]:
 We have a conference with our clients several weeks before the hearing. It's about an hour long. And we go through that direct exam questionnaire in the symptoms and functionality worksheet because generally you can use that in the course of the hearing. And I use it in the course of the hearing because if my client misses something, forgets something, or I need to expand on something, I'm marking up this direct exam question so that I'm ready to go. Now, after your testimony, the judge is going to call a vocational expert to address whether you can go back to your past work at step four, step five, whether you can do other work. This goes very quickly. It is very complicated and it's become, quite frankly, very contentious. Just because your doctor says you can't work doesn't mean anything.
 
 Nancy Cavey [00:09:15]:
 The judge is going to formulate a hypothetical based on their view of your medical records, what the DDS medical consultant has had to say, and and perhaps what the medical expert has testified to about your medical impairments earlier in the hearing. That hypothetical will make or break your case. It's my job as a lawyer to be ready to cross examine that vocational evaluator by giving a supplemental hypothetical that incorporates all of the medical conditions and the restrictions limitations. And my job is to attack the vocational evaluator's testimony if I think the testimony is not helpful or does not support your claim. You can see that there is a heck of a lot of preparation and that preparation is key to winning your case. As you digest that, think about your own case. Is this something that you could handle on your own? This is not that Holiday Inn question where you stay at the Holiday Inn. And you're an expert in everything.
 
 Nancy Cavey [00:10:15]:
 You're an expert in nothing, and particularly not an expert in handling a Social Security hearing. So before we move on to our next segment, let's take a quick break and I'm going to be talking about what you should do if a Social Security notice from the judge's office says they're going to call a medical expert. Welcome back to winning isn't easy. Why you should hire a Social Security disability attorney. If the judge tells you in the notice of hearing there's going to be a medical expert, now you're going to get written notice of the hearing, and the judge is obligated to tell you that they're calling a medical expert. I'm often asked, should I hire a Social Security disability attorney? The answer is, heck, yes. At step three of the five step sequential evaluation used in every case, the Social Security judge is going to determine what whether your medical condition meets or equals a listing. The judge is also going to be asking this vocational evaluator, by the way, whether, in their view, your medical condition is a medically determinable impairment as that term is defined by the Social Security regulations statute.
 
 Nancy Cavey [00:11:34]:
 Now, what is the listing of impairments? It's a big book organized by body systems. Just like you learned in high school. You learned about the digestive system, the cardiovascular system, the pulmonary system, et cetera, et cetera, et cetera. Because this book is organized in body systems, what we do and what a medical expert would be doing is looking at the listing elements and looking at your medical records and say, well, we've got this element. We don't have that element. So let me give you an example. If you've got a herniated disc in your back, there's a listing for herniated disc, and you have to establish based on your medical records that you meet every element or the equivalent of the elements to be found disabled at step three for a herniated disc. This is a complex medical issue.
 
 Nancy Cavey [00:12:17]:
 Problem that we have that you have is that doctors didn't take a class in medical school to learn how to write a report for Social Security purposes. If the medical records aren't complete or thorough, or the judge has a question, the judge may call a medical expert to address the listing. And quite frankly, these medical experts are old retired doctors who aren't practicing and are looking to supplement their income in an easy way. They don't have your best interests in heart. They're there for the paycheck that they get as an expert testifying in a Social Security case. Why should you hire a Social Security disability attorney if you get that notice? I'll give you three reasons. The first reason is that the Social Security disability attorney is going to be able to look at your medical records. They'll have access to what's called the ere, and they can see what's in there and whether or not all the medical records are accurate and complete and if they aren't, your attorney will want to supplement the record with those missing records.
 
 Nancy Cavey [00:13:18]:
 And better yet, they should be getting, if possible, a residual functional capacity form. The RFC forms are forms that we Social Security lawyers have developed. There are about 70 of them. Social Security isn't going to call you up or write you a letter and say hey, by the way, we have a residual functional capacity form for your herniated disc. Go get your doctor to fill it out. And your doctor probably doesn't have the form. We identify the right form for our clients medical conditions and we give them the form and say, please have your doctor complete this. Why? Well, the RFC form also addresses the elements of a listing, but they also address your functional restrictions and limitations, be they cognitive, psychological or physical.
 
 Nancy Cavey [00:14:03]:
 Now we want that to be provided of course to the medical expert. So the idea of course is that the medical expert has the full medical records. Number two, it's also important that any medical text or journal articles be submitted as part of the record, particularly if you have a complex or new medical condition like POTS or Ehlers Danlos, where we're seeing a lot of in post Covid type cases. I will tell you that not every medical expert is an expert in your specific medical condition and your attorney may want to object to their qualifications, but at the same time maybe try to educate a physician who is not so willing to be educated. All right, number three, your attorney is going to anticipate the questions that the judge is going to ask the medical expert and, and have their own set of questions. There is unfortunately no way for a Social Security attorney to get an advanced written opinion from the medical expert to know exactly what it is they're going to say, that would be really nice. So we can't even really subpoena an expert for a deposition and we can't talk to them. So we don't know walking in exactly what the questions are going to be that the judge is going to ask.
 
 Nancy Cavey [00:15:18]:
 Now we have a good idea and, and we'll have a good idea of what follow up questions or questions we want to ask. But that obviously can be a problem. It can be a problem for us even though we're highly educated and do this work and have done it for years. I want you to remember that Abraham Lincoln once said that representing yourself is like having a fool for a client. So if there is a notice that a medical expert is going to be called, and quite frankly, if there's a notice that a vocational expert is going to be called. Don't be a fool. That is a clear indication that you need to hire a Social Security lawyer. And don't wait until a week before, a month before, even two months before the Social Security hearing.
 
 Nancy Cavey [00:15:58]:
 If you hire a lawyer and they get into your records and see that the records aren't complete, it can be a hard road to get all of your medical records prior to the hearing. There are some medical facilities that take four to six weeks just to get the medical records. And we've got to have all of this filed at least five days before the hearing. Got it. Let's take a break and when we come back, I'm going to talk about why your Social Security lawyer may be mean to you during your hearing.
 
 Speaker B [00:16:26]:
 Struggling with your Social Security disability case? The right attorney can make all the difference. Get our booklet the key to hiring a great attorney for your Social Security disability case. Discover how to find an exception experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:17:06]:
 Welcome back to Winning isn't easy why your Social Security lawyer may be mean to you during your disability hearing so your big day is here and you may have forgotten what you have to prove to win your case. You just want to tell the judge about your life, your medical problems, why you can't work, what your doctors have had to say. And all of that can be problematic. Now, as I've said in an earlier segment, most Social Security hearings are at least an hour and in that time you're going to be the first witness. You've got 30 minutes to put on your case. Judges go about this differently. Some judges may not ask any questions and let your lawyer ask all the questions. Some judges may ask some questions and then turn it over to your lawyer.
 
 Nancy Cavey [00:17:51]:
 Or some judges will ask questions in follow up. I appear in front of judges who do all sorts of those things. But you have the burden to prove essentially that you meet the five step sequential evaluation test. And I always remind my clients of what that is when I'm preparing them. Basically, we have to prove that you can't do your past work, and we have to prove that you can't do dumb jobs of a sedentary nature with bilateral manual dexterity like sorting nuts and bolts or addressing envelopes or being a surveillance system monitor. And you may be thinking, well, I can't do that. But saying it doesn't make it so. What the judge is Going to do is, as I have indicated earlier, is to go through the preliminaries and then start asking questions.
 
 Nancy Cavey [00:18:39]:
 The judge will have read your file cover to cover, including your medical records. What they want to know, obviously, is your date of birth, the date you stopped working, whether you have worked since then, what your work history is, the five years prior to the hearing date, what your education is. And of course, they want to understand the symptoms that have kept you from working, symptoms and functionality. And they want to know that by medical condition, they're going to want to know what you do on a daily basis, and they're going to use that as a test. If you say, for example, you can only sit for 45 minutes, but you drive to your doctor's office an hour away, that's an inconsistency. If you say you can't walk more than a block, but you just took your family to Disney, you, that's an inconsistent statement. And inconsistent statements are case killers. The judge gets to determine your credibility.
 
 Nancy Cavey [00:19:32]:
 And if the judge finds that you are not credible because of inconsistencies, you're going to lose your case again. That's why preparation is important. Now, the judge is then going to move on to the vocational evaluator. And as I've said before, the hypothetical can make or break the case. That hypothetical is going to come from your medical records, the forms that you have filled out, and residual functional capacity forms. Again, all of this needs to be coordinated. So how should you be prepared for your hearing? Well, hopefully you've been prepared for your hearing, like I explained in this podcast. And what we do, as I said, is we have two sets of videos for our clients to watch.
 
 Nancy Cavey [00:20:15]:
 We give them the direct exam sheet and we have a symptom and functionality worksheet. Have it filled out. We have a practice session. But I will tell you that that unfortunately, is not what a lot of my colleagues will do. I know that there are certain law firms who run volume practices and the case is handled by a paralegal until it's turned over to the attorney who meets their client for the first time, maybe in a call the day before and many times just before the hearing. That, in my view, is absolutely outrageous. You should be prepared. You should have practice sessions, you should have the questions in front of you with your answers, because this hearing is going to go really quickly and judge has generally specific questions.
 
 Nancy Cavey [00:20:59]:
 And if you're not on the same page with the judge, they're going to get pissed. And if you're not answering the questions that they're asking. They're going to be pissed. If you're wandering all over the place talking about what's in your medical records and not answering their questions, they're going to be pissed. It's important that you are telling your story in a way that is truthful but explains your symptoms and functionality and ultimately explains why you can't do a sedentary job sitting down all day, meeting pace and production and attendance requirements. My job, obviously, is to get my clients prepared, but also to corral them, if you will, if they're sort of going off the ranch and answering questions or not answering the questions of the judge. So if my client goes off the ranch, I will not so nicely try to get them back on track. And I will say, let's go back to this or that.
 
 Nancy Cavey [00:21:54]:
 I actually did it yesterday when my client, who has problems with her hands, testified that she had difficulty picking up things, gripping things, and it's all in her medical records that she has this problems. It's in her direct exam sheets. It's in her symptoms and functionality worksheet. So I had to take her back to the judge's question and her answer and ask her to explain this in greater detail. And I'm sure she understood from the tone of my voice that I was not happy with that answer because she just went off the ranch. All right. My job is to help you tell your story of symptoms and functionality in a quick way that explains why you can't do your past work or other work. Your failure to stay on track, your insistence on telling your life story to the judge, your insistence that you could work if you could, your insistence that you're more disabled than your neighbor who doesn't look disabled, your insistence that your doctor told you that you were disabled, and your insistence that it's obvious that you're disabled is going to get you a big fat claim denial.
 
 Nancy Cavey [00:22:58]:
 So if need be, I tell my clients in advance. I'm going to be rude, I'm going to be pushy, I'm going to be mean to you during the course of the hearing. It's for your own good. Because, after all, I want to win the case in spite of your unconscious efforts to sabotage your case. Okay, you can tell in my voice I'm really passionate about preparation, and I want to win these cases, and I don't want my client to go off the ranch. Got it? Well, that's it for this episode of Winning Isn't Easy. We've covered Social Security disability hearings, what it's about, why medical experts may be called why you need to have a lawyer and why your lawyer may come off as pushy during your big day in court. The truth is that these hearings are really short, but what happens during this hearing can change your life.
 
 Nancy Cavey [00:23:46]:
 You don't have to go through this alone. You A knowledgeable and experienced Social Security disability attorney can help you prepare, make sure that the right evidence gets in front of the judge and keeps you on track when it matters most. If you found this episode helpful, please take a moment to like our page, leave a review, and share it with your family or friends. And, of course, subscribe to our podcast. Please join us next week for another insightful episode of Winning Isn't Easy, the Social Security Disability Edition. Thanks for listening.