What will happen at my North Carolina disability hearing?
Social Security disability hearings are very different from both the initial Social Security disability claim process, and from courtroom proceedings in Winston-Salem and North Carolina.
The initial disability claim process can feel bureaucratic and cold. The application is submitted to a claims examiner, and that examiner makes a decision without seeing or talking to you.
And courtroom proceedings can be very antagonistic and procedurally technical. We are all familiar with courtroom proceedings from television and from being on juries, and know that they can be intimidating.
In contrast, a Social Security disability hearing is very informal, and is with an Administrative Law Judge who learns about your situation directly from you and is the person who makes the decision about your claim.
Unlike a courtroom proceeding, there is no “other side.” However, you get to have a North Carolina disability lawyer with you, and it is important to pick a lawyer that you feel comfortable with.
Here is what to expect at your North Carolina disability hearing
Your North Carolina disability lawyer will prepare you ahead of time and will bring you up to date on what to expect with the particular Administrative Law Judge that you will have, but I can give you some general idea of what to expect here.
First, the hearing is not at the courthouse, and the room does not look like a courtroom. Instead, the room will be fairly plain, with a table and chairs.
Second, there is no “other side.” This is not a combative atmosphere like a courtroom. The key people there will be the Administrative Law Judge, you, and your North Carolina disability lawyer.
There will also be an assistant to the judge (he or she will record the hearing), and there may be some witnesses. The witnesses could be people that you and your attorney have invited, or also a medical or vocational expert that the judge wants. The judge might ask some or all of the witnesses to wait in an outside waiting room some of the time.
What the judge is looking for during your North Carolina disability hearing
When you first file a North Carolina disability claim, the claims examiner grants or denies it simply on the basis of the medical findings in the file as compared to specific agency formulas to determine what is referred to as “residual functional capacity.”
In contrast, at a Social Security disability hearing, the Administrative Law Judge evaluates your entire case and considers your specific individual situation.
That means that the judge will want to learn all about you, particularly:
- Your age, education, and work experience.
- Your medical history, including your current symptoms and treatment.
The judge will have already read your initial application, the record from the claims examiner, and your medical records, but he or she will want to hear some of this from your own mouth. The reason for this is partly to make sure that all the information is accurate and up-to-date and partly to be able to evaluate your credibility.
When you talk to the Administrative Law Judge at your North Carolina disability hearing, you want to be honest, respectful, and thorough. Don’t argue and don’t exaggerate, but also don’t leave things out. Explain your disability as carefully and accurately as you can.
Here is how to get help with your North Carolina disability claim
One of the most helpful things that I do for my Winston-Salem and North Carolina Social Security disability applicants is to prepare them for the hearing before the Administrative Law Judge.
I will evaluate your claim for you if you fill out the evaluation form to the right.
Otherwise, e-mail me or contact my office.
Dorman and Howie, PC
North Carolina disability lawyers
210 East Dalton Road
King, North Carolina 27021
