By Chris Sharry on October 15th, 2024 in Disability, Disability Hearings, Social Security Disability
After filing your application for Social Security Disability your claim will be evaluated by medical professionals to determine if you meet the eligibility criteria. If your claim is denied, you will need to file an appeal and request a hearing before an Administrative Law Judge (ALJ). The decision you will need to make is what type of hearing you want to proceed with.
Telephone Hearing
This type of hearing is conducted by telephone, where you will testify about your medical conditions and how those conditions affect your ability to work by a conference call. In my opinion, this is the least effective way to testify and have your case heard. It is impersonal, you cannot see the Judge or your representative, and sometimes it gets confusing as to who is speaking.
Remote Hearing
Since the Covid pandemic claimants have had the option of having their hearing conducted remotely on a platform like Zoom. The benefit of the remote hearing is that you can testify from the convenience of your home. You can see the Judge and your attorney. In some jurisdictions, you have your hearing scheduled quicker as the hearing office may be able to schedule more remote hearings than in person as the Judge does not need to travel. A potential downside is that the Judge may not be able to observe certain limitations you may have if you are not in person at the hearing office.
In Person Hearing
You may decide that an in-person hearing is your best option if you feel like the ALJ may not get a complete and true representation of your limitations unless you are in person in the hearing room. Direct human contact is invaluable. Without question, it’s the most practical forum to effectively communicate with the judge. For example, if your pain level prevents you from sitting or standing for long periods, the Judge may not be able to observe your pain level if you are testifying from the comforts of your home. If you are diagnosed with anxiety or post-traumatic stress disorder (PTSD) which affect your ability to function in public, we would not see the effects and how this impacts your ability to work if you are testifying remotely.
The type of hearing you decide to proceed with should be made after thoughtful discussion with your attorney or representative. Please contact Attorney Christopher Sharry if you have any questions about which option is best for you.
