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Aside from your physical or mental impairments, there are certain topics that are always raised at the hearing. If you are represented by an attorney, you will be carefully prepped for your hearing so that you know what to expect. Below are some popular topics that are typically addressed at every disability hearing.
EMPLOYMENT HISTORY
Administrative Law Judges are very interested in a claimant's past work for the last 15 years. A major part of the disability determination process is to discern whether the claimant can perform his/her last job. If the claimant cannot perform his/her last job, the final question is whether they can perform any other job in the local or national economy. In order to make their decisions, claimant's are required to testify about their old job responsibilities, how much weight they lifted and carried daily, how long they spent on their feet, etc. These answers provide insight into whether a claimant's skills can be transferred to another job. Be prepared to discuss every job you had in the last 15 years, regardless of whether or not it was "on the books."
INJURIES / IMPAIRMENTS
The goal of the disability hearing is to elicit testimony from a claimant as to why they are unable to work. The primary focus of the questioning will certainly revolve about a claimant's injuries or impairments. Everything from pain, functional limitations, medications, treatments, surgical procedures, etc. will all be addressed during the hearing. Judges are specifically looking for how the injury or impairment has affected the claimant's ability to function on a daily basis.
ACTIVITIES OF DAILY LIVING
An entire portion of the hearing is dedicated to what the claimant does during the day. Since the claimant is presumed to be not working, Judges want to know exactly what the claimant does from the time they wake up until the time they go to bed. Questions typically cover whether the claimant can drive, shop, cook, do household chores, gardening, etc. The reason these questions are asked is so that a Judge can decide whether a claimant's abilities can translate into a job.
Disability hearings typically last anywhere between 15 to 40 minutes. Some can be very brief and some can last longer depending on the issues in the case. It's important to remember that every case is different and Judges handle cases their own way. To learn more about the disability hearing, CLICK HERE to watch a video that simulates what can happen at the hearing.
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