INFORMAL HEARINGS: WHAT DOES THIS MEAN?

I think a lot of people are misled when they hear people say that Social Security hearings are informal.  This leads to be mistaken belief that all the claimant needs to do is show up and tell a good story and the judge will pay them.  Nothing could be further from the truth.

An "informal" hearing simply means that the formal rules of courtroom procedure are not followed during the hearing.  Hearsay evidence, for example, might be admitted. A claimant can testify to what her doctor told her, even if the doctor is not in the hearing. The attorney's questions may be leading, whereas in a normal court proceeding they could not.  

However, Social Security regulations require that impairments must be proven using "medically determinable" evidence.  Social Security will want such evidence as X-rays, MRIs, lab reports, etc. to show exactly what the claimant's impairments are.

There may be adverse or damaging testimony that will hurt you claim.  For example, the vocational expert (called to testify by Social Security) may list several jobs that you are able to perform, even with your impairments.  If allowed to stand unchallenged, this can get your claim denied.  There is an effective way to challenge the vocational testimony--and a way not to.

Also, the burden of proof is upon you, the claimant.  Social Security doesn't have to prove that you are not disabled; you must prove that you are.  A skilled representative will know exactly what to do, even before the day of the hearing, to prepare a compelling medical case.  Also, the representative will know how to problem solve during the hearing.

So, while a disability hearing is not conducted exactly like a formal courtroom trial, the average claimant may not notice much difference.  The judge is going to ask very demanding questions, such as, "Where does the medical record indicate a problem with bending?"  Or, "You claim and onset date of June 13, 2014.  Where is that supported in the medical record?"  If a judge asks, "Why would you not be able to do the work of a small products assembler?" you must have an answer acceptable to the judge and, moreover, the answer must demonstrate the inability to work according to Social Security's rules and regulations.

There is a lot of pressure at these hearings.  Objections should be raised.  Questions must be answered.  Social Security rules must be discussed.  And the decision the judge issues will be based on the objective evidence submitted during and before the hearing.  The word informal should not lure anyone into a false sense of security.

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