The Administrative Law Judge
The individual who will preside over your Social Security disability hearing is called an administrative law judge (ALJ). Though this judge should be shown the same respect accorded to a courtroom judge, the ALJ will most likely not be wearing judicial robes and you will not be expected to stand when he or she enters the room. Overall, Social Security hearings are considered informal. They are also not considered adversarial in that there is no one to cross-examine you as a witness. The judge is supposed to use the hearing to find the facts about your case, not oppose or fight against your claim. Of course, your testimony, as well as any arguments put forth by your Ocala disability attorney, is intended to persuade the judge that you are qualified for benefits.
By the time you get to the hearing stage of your application for Social Security benefits, you might be feeling angry at the entire Social Security System. As you have been denied twice without a logical explanation as to why you have been rejected, this is understandable. The system is full of red tape and bureaucracy and so it often takes a frustratingly long time for you to apply, appeal, and repeat the process. Despite the fact that you might feel justified in your negative feelings, be sure not to take out those feelings on the administrative law judge. The judge was not the person who implemented the system and so is not culpable for its flaws. In addition, as the judge is highly familiar with the application process, it is not necessary for you to explain all of the issues that you have had in your application.
When testifying as well as when asked questions by the judge, be polite and honest. You do not have to use medical jargon or any special legal language. Simply speak truthfully and answer questions completely. If the judge asks you something and you do not understand the question, do not be ashamed to ask for clarification.
The decision made by the ALJ is supposed to be independent. That is, he or she should decide on your case disregarding the fact that you have been denied twice already. Over half of ALJ decisions are favorable for the claimant, making the hearing the stage in the Social Security disability benefits process that is the most potentially favorable for the applicant. To further increase your chances of a favorable decision, fill out the form on this page for a free initial consultation on your case with Ocala disability lawyer CJ Henry.