Why It's Smart to Have a Lawyer at a Disability Hearing

Getting Social Security disability benefits (SSDI or SSI) can be a complex process, especially if you're scheduled to attend a disability hearing. Although the hearing process is informal—meaning relaxed rules of evidence apply—you'll greatly increase your chances of success if you have an attorney who's familiar with Social Security disability law.

You're not obligated to hire a representative for your disability hearing, but it's almost always a good decision. Not many disability applicants ("claimants") have the experience necessary to successfully navigate hearing procedures and ask the right questions. If you're still on the fence about getting a lawyer, you should learn more about what a disability hearing entails before deciding to go it alone.

What Is a Disability Hearing?

A hearing is the third step in the disability appeals process, and likely the only point where you'll be able to speak directly with the person (an administrative law judge, or ALJ) who decides whether you're disabled. You can request a disability hearing only after you've been denied twice before, at the initial and reconsideration levels of review.

How Long Does a Hearing Take? Will I Get a Decision That Day?

Disability hearings typically last between 45 minutes to one hour and can be held in person, over the phone, or by videoconference. It's unlikely that you'll receive a decision at or immediately following your hearing, although they can happen on occasion (in what's called a "bench decision.") More often, you'll receive a written decision within 60 days of your hearing.

What Happens at the Hearing?

During the hearing, the ALJ will ask you questions to determine whether you meet the Social Security Administration's definition of disability. These questions focus mainly on your activities of daily living and how your medical condition keeps you from working full-time. The ALJ will likely also ask questions of other witnesses who can help the judge come to a legally valid decision.

What Are My Odds of Winning? What Can I Do if I Disagree With the ALJ?

Over the past several years, Social Security judges have been approving on average half of all claims that get to the hearing level, making it your best chance of successfully qualifying for benefits. Approval percentages can vary significantly by state, region, and even within hearing offices, however. If you receive an unfavorable decision, you have the right to appeal the denial.

What Are the Reasons I Should Have a Lawyer at My Disability Hearing?

There are several good reasons why you should hire a lawyer before you attend your disability hearing. Lawyers can help you increase your chances of getting benefits by preparing you to testify, summarizing your medical records for the ALJ, and crafting an argument explaining why the judge should approve your claim.

Furthermore, it's likely that at least one expert witness will be present at your hearing. Vocational experts are common, but occasionally a medical expert (a doctor or other health care professional) is there as well. It's important to ask the right questions of these experts to elicit testimony that will be favorable to your claim. Your attorney will play an important role in questioning these key witnesses who help the ALJ determine whether you're disabled.

While it's tempting to forge ahead by yourself when preparing for and attending a hearing—especially since there's no requirement that you have one—hiring an experienced disability attorney can make the difference between receiving SSDI or SSI and having your application for benefits denied. Be aware of some key winning strategies that are used by disability lawyers before you decide to forgo representation.

Disability Lawyers Know How to Question Vocational Experts

Social Security judges often rely on vocational expert testimony to decide whether you can perform your past work and whether there are any jobs you can do despite your disability. Your disability case will probably hinge on the judge deciding whether you're capable of performing any jobs. Therefore, you can expect the judge to ask several "hypothetical questions" of the vocational expert to help the ALJ determine what kind of work you might be able to perform.

Your disability lawyer will also be able to ask questions of the vocational expert and challenge some unspoken assumptions the ALJ may have made. Disability attorneys can be particularly useful at reducing the number of jobs the vocational expert cites as examples of jobs you can do, by bringing up your functional limitations or lack of transferable job skills.

Disability Lawyers Know How to Question Medical Experts

Judges sometimes ask medical experts to provide opinions about how severe your impairments are and whether they meet the requirements of a disability listing. Medical experts are typically doctors who specialize in the area of medicine related to your particular condition. (If you have a medical expert present who's testifying outside their area of expertise, your lawyer can—and should—object.)

Medical expert testimony can be crucial to your disability claim. For example, if you're applying for disability due to back pain, the ALJ may ask the medical expert whether they think you meet listing 1.15 for spinal disorders, which requires that you be unable to walk independently or use both arms independently to do work-related tasks. If the medical expert testifies that you're able to walk or move your arms without assistance or help, your attorney has the right to conduct a cross-examination.

Using legal training and experience, your lawyer may cross-examine the medical expert by bringing up specific evidence (such as an MRI showing significant spinal stenosis, in the above example) and asking whether the evidence is consistent with their testimony. Your attorney can also ask the expert if they disagree with other medical opinions present in your record and, if so, to explain the disagreement.

Additionally, your lawyer can question the medical expert's qualifications (if necessary) or determine whether the expert has correctly interpreted the listing requirements. Even when no medical expert is present at your hearing, if having one testify would help your case, your lawyer can present an argument to the ALJ as to why the hearing should be postponed in order to obtain testimony from a medical expert.

Disability Lawyers Can Help Obtain Medical Opinions From Your Doctors

Social Security values the opinions of doctors whom you've regularly seen for your impairments. Because these doctors have treated you consistently over time, they can often provide special insight into your limitations and prognosis. Therefore, many lawyers spend considerable effort obtaining helpful medical source statements from doctors and submitting them to Social Security.

Your disability lawyer might be able to help a doctor write a letter that's very persuasive to Social Security on the issue of your disability or can prepare a written questionnaire for your doctors to fill out that presents a detailed medical opinion that meets the agency's rules. Many disability applicants think it's enough to have their doctor write a note saying that they're disabled, but Social Security disregards these opinions. Your attorney can help your doctor understand the legal requirements for disability benefits.

Disability Lawyers Are Often Familiar With the Judge Conducting Your Hearing

Because the Social Security Administration has hearing offices nationwide, disability attorneys often find themselves regularly appearing in front of ALJs local to their practice. Your lawyer may have some "inside information" about how your judge holds hearings and what kinds of questions they tend to ask.

For example, your case might be assigned to an ALJ who asks tough questions of disability applicants who've had a history of drug and alcohol abuse. If you've struggled (or continue to struggle) with substance use, your lawyer can better prepare you to answer these questions within the proper context. Or, you might have an ALJ who's more easygoing about dependency issues, but scrutinizes any unemployment benefits that you collected after your alleged disability onset date. Your attorney can tailor your testimony to address each judge's quirks.

What Happens If I Go to My Disability Hearing Without a Lawyer?

Nothing special, good or bad, will "happen," as such. Every day, claimants attend hearings without a lawyer and successfully make a convincing case as to why they should receive SSDI or SSI benefits. But you do have the right to be represented at your disability hearing, so if you show up on the day of your scheduled hearing without a representative, the judge is required to inform you of this right and offer you the opportunity to postpone your hearing in order to get one.

You can waive this right, however—Social Security doesn't encourage or discourage you from having a representative, so you can proceed on your own if you choose to do so. But you might find that being your own representative can have some unintended consequences (in addition to the generally lower approval rating for unrepresented claimants), such as a decrease in any back pay you may be owed or even a "res judicata" legal bar against receiving certain benefits.

Do I Need a Lawyer Just to Apply for Disability Benefits?

You don't need an attorney to file an application for SSDI or SSI, but if you've been denied after reconsideration, you should get one sooner rather than later—preferably well before your hearing. For more information about how to submit your application, see our article on filing for disability benefits.

Many claimants are reluctant to get a Social Security disability attorney because they're concerned about the cost. It may reassure you to know that disability lawyers work on contingency, meaning they only get paid if you win your case. Most attorneys offer free consultations, where you can ask them questions to find out if they're a good match for you.