THE HEARING: ORDER OF EVENTS

No. 4 in a series about Social Security disability hearings.

What Is the Order of Events in a Hearing?

Judges will usually start by introducing themselves and each other person in the hearing room.  Then, they will give a brief recitation of why the hearing is taking place and explain the hearing procedure.  Then, the judge will administer the oath to the claimant and vocational witness, usually at the same time.

The judge may question you first.  Then, the judge will permit your representative to question you.  The purpose of the representative's questions is to emphasize the favorable facts of the case and to bring out the nature and severity of your symptoms and why you would have difficulty performing work activities.  I recommend that you assume the judge doesn't know much about your case, so you will explain everything.  In giving testimony (answer questions by the judge or by your representative), keep the following points in mind:
  • Tell the complete truth.  Failure to do so damages your credibility and may lose the case.  Some questions honestly are designed only to see if you will be truthful.  The question may have little or no bearing on whether you are disabled.
  • Never attempt to answer a question you don't understand.  Ask that the question be clarified or explained.
  • Give some detail, not just yes or no answers, as called for.  For example, on questions like, Can you drive, Can you do housework, Do you shop in stores....don't simpy say "Yes."  If you struggle with those activities, then by all means, explain the challenges or struggles you face in doing these activities.  Otherwise, the judge will assume you have no limitations at all in those areas.
 You have a right to bring a witness to your hearing to tell the judge abou

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