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Possible Disability Hearing Outcomes

A Social Security Disability hearing allows a disability claimant to testify in front of an Administrative Law Judge and verbally express why they are unable to maintain a job in the local or national economy. Many claimants choose to be represented by an attorney and by doing this, a disability claimant is ensuring that their legal rights are protected throughout the claims process.

Generally speaking, there are 3 potential outcomes after a claimant is called to appear for a disability hearing. The below list represents potential outcomes because Social Security Administrative Law Judges have the discretion to handle a case their own way. This list represents the 3 most common outcomes following a disability hearing.

RESERVED DECISION
The most common outcome at the end of a disability hearing is when the Administrative Law Judge expressly states that they will be reserving a decision so that they can review the entire file as well as the claimant's testimony before making a decision on the case. Judges often times want to see additional medical evidence and if this is the case, the Judge will typically "hold the record open" for a specified amount of time so that the claimant, or the claimant's attorney, can obtain the requested evidence. By reserving their decision at the time of the hearing, a Judge will typically render a decision as to whether the claimant is disabled within a month.

BENCH DECISION
Judges presiding over a disability claim may utilize what's known as a "bench decision" in granting disability benefits to a claimant. In this outcome, a Judge formally reads their decision into the recorded version of the hearing. The claimant is present while the Judge verbally recites why the claimant is disabled and unable to work. This outcome is rare because the Judge is required to read the entire decision into the record. If a claimant receives a Bench decision, they will not receive a hardcopy explanation of the decision in the mail. Depending on the Judge, the claimant may receive an informal printout of the Judge's favorable decision.

VERBAL CONFIRMATION OF A FAVORABLE DECISION
On occasion, claimants may learn at the hearing that the Judge will be granting them disability benefits, but the Judge still has to actually draft up a formal decision to be sent to the claimant. This differs from a Bench Decision in that the Judge is not reading the decision into the record. Under this outcome, the claimant is also going to receive a formal decision memorializing a fully favorable outcome. Because the Administration is so backed up with disability claims, this outcome allows Judges to move through their hearing calender in an efficient manner while still being able to provide claimant's with the satisfaction of knowing how their case has been decided.

No matter how your case is decided, it is always a good idea to consult with a highly qualified disability lawyer to know exactly what your legal rights are. For a free case evaluation and to consult with a Markhoff & Mittman disability lawyer, please call (914)-946-1452.

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