Social Security Disability Hearing: The Administrative Law Judge’s Opening Statement

Posted on August 17, 2011 by cjblog

Social Security Disability Hearings do not have a standardized procedure, and a large part of how they are conducted is left up to the discretion of the individual Administrative Law Judge. However, you can expect the Administrative Law Judge to give an opening statement.

In a typical opening statement, the administrative law judge begins by opening the record, signaling that proceedings will thereupon be officially recorded. The judge will then acknowledge you and your attorney.

The judge will state that he is not the same party that previously denied your claim, and will not be considering the justification for the previous denial in making his decision. He will then explain that the Social Security Administration’s official record of the hearing will comprise the recording currently being made of the hearing and any documents submitted as evidence. The judge will describe the evidence submitted thus far.

He will then describe the requirements for an appeals hearing that all administrative law judges must observe. As per these requirements, witnesses will testify under oath and one at a time, and they may be cross examined after their testimony. Your Ocala disability attorney will be given an opportunity to present an oral argument.

The judge will then describe the history of the case, from the first application for your claim until your most recent application for appeal, and then identify the issues in question. Your judge may offer to skip this description.

An effective appeal at an administrative law judge hearing all but requires an experienced Social Security disability lawyer. Call Ocala disability attorney CJ Henry today for a free consultation.

This entry was posted in Benefits, Blog, Disability Claims by cjblog.