Social Security Disability hearing representation

Why the hearing matters

The first two stages of a claim — the application and reconsideration — are decided on paper by a state agency, and most claims are denied at both. The hearing is the first time a decision-maker hears testimony. The judge reviews the full record, questions the claimant, and often questions a vocational expert about the work a person could still do. Many claims that were denied twice are approved at this stage. See how a claim works for all five stages.

Deadlines tied to the hearing

• Requesting the hearing. A hearing is requested within 60 days of the reconsideration denial, with a short allowance for mailing time. Missing that deadline can end the appeal.
• The notice of hearing. Social Security sends a notice with the date, time, and format of the hearing, generally well in advance.
• Evidence. Medical evidence has to be submitted, or Social Security informed about it, no later than five business days before the hearing. Late evidence can be refused unless an exception applies.
• Hearing format. A hearing can be held in person, by video, or by telephone. A request for a particular format has to be made on time after the notice arrives. See the Savannah hearing office for how formats work in this region.

What preparation involves

• Complete medical records. Checking that every provider's records are in the file, that nothing recent is missing, and that gaps in treatment are explained.
• Treating-provider statements. Specific written opinions on the functional limits — sitting, standing, lifting, concentration, attendance, time off task — rather than a general letter.
• Testimony preparation. Reviewing the questions the judge is likely to ask about work history, symptoms, treatment, side effects, and daily activities, so testimony is accurate and complete.
• The legal framework. Identifying the theory of the case — a Listing, residual functional capacity, or the age and vocational rules — and organizing the record around it. See residual functional capacity and how age affects a claim.

What happens at the hearing

A hearing is informal and usually lasts under an hour. It is not a courtroom trial: the judge, the claimant, the representative, a hearing reporter, and often a vocational expert attend.

• The judge opens the hearing and confirms the record.
• The claimant testifies about the conditions, treatment, and daily limits.
• The vocational expert describes the work a person with a given set of limits could do. The judge poses these hypothetical questions, and the representative cross-examines on them. The precise limits in the questions — including time off task and absences — can decide the result.
• The representative questions the claimant, cross-examines the vocational expert, and makes a closing statement or submits a written brief.

The decision arrives in writing, typically within about six to ten weeks of the hearing, although it can be longer.

Information on Georgia judges

Social Security publishes how often each judge decides claims in the claimant's favor. See Georgia judges: favorable decision rates and South Carolina judges. These figures describe past decisions and do not predict any claim.

Representation at the hearing stage

Representation is available for claims at the hearing stage throughout southeast Georgia, whichever office filed the claim. Meetings can be held in person in Savannah or by telephone, and a claim can be taken on after a hearing has already been scheduled. The first review is free; see fees. If the judge denies the claim, the next steps are the Appeals Council and, if needed, federal court.