During my initial interviews I have to explain to my potential clients that most cases will end up in front of a Judge. I often sense an immediate apprehension when I use the word “Judge” or “Courtroom”. Most people only know about Court from what they see on Law & Order. However, Social Security hearings are about the furthest thing from what is seen on Law & Order that you can imagine. But there are a few similarities that you will need to be familiar with.
Social Security hearings are not adversarial. This means that Social Security will not have an attorney present to cross examine you. In many cases it will be just you, your representative, the Judge, and a court reporter. The Judge is neutral and while he is a part of the Social Security Administration he is not bound by any prior agency determinations on pending claim. Most hearings have the feel that you are just having a conversation with the Judge.
Strict rules of evidence rarely apply in Social Security hearings. Hearsay is allowed and documents are do not require a foundation as you typically see in civil and criminal court. But, like we see in Law & Order, all witness must be sworn under oath with penalty of perjury. You will be asked to raise your right hand when you swear under oath but don’t make a big deal if you raise your left one – ive seen it happen a hundred times.
When the Judge asks you a question you should answer the question. Do not tell your life story. The Judge most likely has another hearing scheduled within 45 minutes of yours so be mindful of the time. If a Judge asks you about your arm and there is nothing wrong with your arm – say so and stop. Don’t immediately jump to what your disabling condition is. He will get to that soon enough. If the Judge asks you how long or how far you can do something don’t say “not long” or “not far”. The Judge knows you don’t have a stop watch with you all the time but he will need some sort of idea as to the answer. If the Judge asks a question about distance be sure to use a distance that is common. Don’t say “from my front porch to my neighbor’s house”. The Judge will have no idea how far that is. Perhaps you could use a city block or a football field as a guide.
Dress normally but cleanly. There is no reason for you to wear a suit but there is also no reason for you to wear a t-shirt with holes in it that has profanity on the front. In the majority of cases the Judge will not tell you his decision from the bench. He will close the hearing and issue his decision in writing.
