For many of my clients the Social Security Hearing is the first time they have ever been in a "courtroom" much less been called to testify. This blog is an outlay of what to expect at your Social Security Hearing in Knoxville TN.
INFORMAL SETTING
Social Security Hearings are not like what you see on T.V. courtroom dramas. The Hearing rooms are very small and informal. The tables are arranged in a "U" shape with the Judge at one end and you at the other. The court reporter and any experts (vocational or medical) will sit to your right. You will be escorted back to the hearing room from the waiting room by SSA staff. It is not uncommon for the Judge to not be in the room when you are first placed in the Hearing room. If a court reporter or an expert witness is in the room it is perfectly fine to engage with them in casual conversation. You should not however discuss your case or your disability with anyone in the room other than your attorney.
The tables will be equipped with microphones. Usually there will be one microphone for you and one microphone for your attorney. It is important to remember that these microphones do NOT amplify your voice so you will need to speak loud and clear to the Judge. The microphones are merely recording your testimony as required by SSA regulations.
The chairs that you will be sitting in are not special chairs nor are they particularly comfortable. Many of my clients suffer from back and knee related disabilities and have to stand up half way through the hearing. There is nothing wrong with having to stand up and move around if you are uncomfortable sitting. I advise my clients that they do not have to see permission from me or the Judge to stand.
INFORMAL RULES
You may have noticed already that I did not mention the Social Security's attorney. That is because SSA will not have an attorney at the hearing. The Judge will be asking you questions and your attorney will be asking you questions. The rules regarding testimony are relaxed in this setting. For example hearsay and and other types of testimony that would be excluded in a state trial will be admissible at the Social Security Hearing. You will most likely not see the attorney or the judge yell "Objection!" or any other type of argument as to admissibility of testimony at SSA hearings like what is normally seen in state trials.
One rule that is the same in Social Security Hearings and in state trials is that each must witness must swear or affirm to tell the truth under penalty of perjury.
DRESS CODE
None of the Judges in Knoxville have a written dress code. So if all you have is blue jeans then don't be afraid or ashamed to wear them to the hearing. I have noticed that different attorneys give varying degrees of advice when it comes to what to wear to the hearing. I advise my clients to dress as if they were going to church and that if they do not go to church then to look "presentable". I have heard of attorneys to advise their clients to look poor and impoverished.
I honestly do not think what a claimant wears to the hearing has much bearing on the Judge's decision. I am however superstitious about a couple of things. I advise my clients against wearing shirts that sponsor social or sporting events (for example, "i just ran a 5k" t-shirt). Even if the shirt is not the clients or the client did not attend the event, I am superstitious about even wearing it to the hearing. Also any shirts that reference alcohol or drug consumption is a big no-no. I am also superstitious about women who paint their nails before a hearing. I noticed a Nashville Judge one time taking long stares at my clients nail polish. I couldn't help but wonder if the Judge was assessing this clients disability by the way she painted her nails.
LENGTH
SSA Hearings run from 30 -45 minuets. I have been involved in some hearings that have lasted less than 15 minutes. Depending on the facts and issues of each case, some cases can go longer than 45 minutes. Most cases that I have participated in that went longer than 45 minuets was not due to the medical issues but rather involved complex vocational and past work issues.
OUTCOME
The Judges in Knoxville have stepped away from informing the client at the hearing whether they have won their case. This practice has always been frowned upon since there is no security guard or bailiff in the Hearing room. I have noticed over the last few years that even the Judges who would tell claimants that they had won their case have not been issuing decisions from the bench. In the majority of cases the Judge will issue you a written decision in the mail. The time frame varies greatly but I notice that my clients typically receive the decision in the mail within 8 weeks of the hearing.
I hope you have found this blog informative. If you have any suggestions about a blog topic you would like to see, please email me. As always, if you have any further questions related to Social Security Disability fee free to visit our website at www.burtonandmckinnish.com
