How Do You Know if Your Social Security Disability Hearing Went Well?
No Attorney Can Guarantee a Certain Outcome. But These are Signs of a Good Disability Hearing.
You waited months, maybe even years, for this day. But finally, after getting rejected at the initial application and reconsideration levels, you had your Social Security disability hearing.
At first, you might have felt a sense of relief. You completed paperwork, requested medical records, attended doctors’ visits, obtained disability letters from your physicians and surgeons, and prepared for the administrative law judge (ALJ) questions at the hearing. Now, all you can do is wait for a decision.
But eventually, you will ask yourself – Did my Social Security disability hearing go well?
There is no way to know if you will receive a favorable decision for most of you. But there are signs of a good disability hearing.
This article discusses some clues that you likely won your disability claim at the hearing based on our years of experience representing claimants at Social Security hearings – and winning.
Keep reading to learn more.
And if you want high-quality legal representation, call our Virginia disability lawyers for a free consultation: 804-251-1620 or 757-810-5614. We are ready to help you get the SSDI and SSI benefits you deserve.
Eleven Signs the Administrative Law Judge Will Award Your Disability Claim after the Hearing
#1: The judge does not ask many questions and goes straight to vocational expert testimony.
The Social Security Administration (SSA) uses a five-step sequential evaluation process to determine disability claims.
You have the burden of proof at the first four stages. But this burden shifts to the SSA at step five. At this final stage, the SSA must show that there is other work you can perform given your age, education, acquired job skills, and residual functional capacity (RFC).
The SSA uses vocational experts (VEs) to meet its burden. A VE is a witness paid by the SSA who knows about job availability in the labor market and the skills and physical and mental capabilities needed to do those jobs.
In my experience, it is a good sign when the judge asks the VE to testify soon after the hearing starts. Usually, it means the judge has determined you have limitations that prevent you from doing your past work. And, more often than not, expects the hypothetical questions submitted to the VE will result in testimony that no jobs exist with your limitations.
#2 The judge has a high award rate
The SSA will assign your case to one of the ALJs in the Office of Hearings Operations (OHO) with jurisdiction over your claim.
Which judge hears your claim significantly impacts the likelihood of success because the average approval rate for each varies.
Suppose ALJ Knight in the Richmond OHO presides over your case. In 2020, she approved only 14% of her cases and denied 59%. The parties dismissed the remaining claims for other reasons.
On the other hand, suppose ALJ Hauser in that same office has your case. In 2020, he approved 37% of his cases.
Therefore, it is more likely you will win your SSDI hearing if you have a judge that awards a more significant percentage of their cases.
#3 – The judge issues a bench decision at the hearing
Bench decisions are fully favorable decisions read into the evidentiary record. The judge will tell you the hearing went well for you and that you can expect to receive a written decision consistent with the bench decision within a few weeks.
However, you should not worry if the judge fails to issue a bench decision. Indeed, they are rare in my experience (even when the judge awards the claim in writing). And some judges will not decide the claim at the hearing no matter how strong the evidence.
#4 The medical expert testifies that you meet a listed impairment
In some claims, the judge will ask a medical expert to testify.
The medical expert is a health care professional that does not have a pre-existing relationship with you.
The judge may ask the medical expert about:
- Professional qualifications
- Years and areas of expertise
- The evidence reviewed before attending the hearing.
- Whether you meet the criteria specified in a listed impairment or, if not, whether your conditions are of equivalent severity
- The impact your conditions would have on residual functional capacity (RFC)
Typically, the judge will award the claim if the medical expert testifies at the hearing that you meet a listing or have limitations that prevent you from performing your past job or other employment.
#5 The vocational expert testifies there are no jobs you can perform
As discussed earlier in this article, many judges use vocational experts at disability hearings.
Usually, the judge will ask the VE questions during the hearing. Typically at the end.
If the VE answers you cannot perform any past work or other work that might exist in the national economy based on your age, education, and job skills, the hearing went well.
#6 The judge does not ask the vocational expert any questions
If the judge does not ask the vocational expert to testify at your disability hearing, it probably went well.
Without the VE’s testimony, the SSA cannot meet its burden of proof at step five of the sequential evaluation process. Therefore, the failure to ask the VE questions likely means the judge does not think the SSA could meet its burden based on the judge’s opinions on your residual functional capacity.
#7: The judge asks to speak with your attorney before the disability hearing
Sometimes the judge will ask your attorney to come into the hearing room without you (or speak privately on the phone if you have a telephonic hearing).
Often, this means the judge has reviewed your claim and wants to award it in part. For example, you might allege disability due to back pain beginning January 2020. But the judge believes you did not become disabled until August 2020, when you underwent spinal fusion surgery.
These conferences are good – they mean you won your case. But you will have to decide whether to amend your onset date of disability at the hearing.
#8 The judge does not ask many questions or cuts off your attorney during direct examination
Many judges ask the claimant’s attorney to make an opening statement. Then the judge takes over the questioning before giving it back to your lawyer.
The judge will ask about past work experience, medical impairments, and ongoing symptoms during the questioning.
Suppose the judge asks a few questions or cuts off your attorney during questioning by saying they have enough information. In that case, this is usually a sign that your disability hearing went well.
However, there is an exception.
Some judges rarely question the claimant. Instead, they rely on your attorney to develop the record. If such a judge hears your case, it provides no information on how the hearing went.
#9: Your disability attorney is optimistic after the hearing
I routinely tell clients that I do not predict outcomes or give a better than 50% chance of winning. The reason: judges are predictable.
But our firm only accepts representation in claims we think have merit.
And we are familiar with the judges we try cases in front of and can usually tell if it went well or not.
We suspect other attorneys are the same.
If your disability lawyer regularly handles claims before your particular judge and has confidence you won, this is a good sign.
#10 The judge comments on the strength of the objective evidence in your case
Many disability claims depend on credibility.
Whether the judge believes your subjective complaints of pain or mental health symptoms determines the outcome. This is because it is difficult to quantify or test pain or psychiatric impairments, even though they are often disabling.
However, some claims have more objective evidence.
For example, suppose a motor vehicle crash or work injury resulted in your medical impairments. And you have medical imaging (MRIs, CTs, X-rays) showing your fractures or torn rotator cuff. Or can show your burn injury resulting in disfigurement and reduced abilities. Then the hearing probably went well if the judge mentioned the strength of this evidence during the hearing.
#11 You are close to age 50 (or older), and the judge keeps bringing up your age
You have a stronger disability case if you are close to age 50 or older. The reason is the Social Security rules and regulations make it easier to prove disability when you turn 50, then 55, and then 60.
If the judge keeps bringing up one of these critical birthdates during the hearing, it is a good sign that things are going well for your disability claim. Indeed, the judge is likely asking you or your attorney to consider amending the alleged onset date of disability so that the decision is fully favorable.
Is It a Good or Bad Sign if it Takes a While to Get a Disability Decision after the Hearing?
In our experience, it takes two weeks to four months to receive a decision after a disability hearing. And you cannot predict the outcome based on how long it takes to get the judge’s opinion.
Several factors affect the time it takes to get the hearing decision.
For example, the judge assigned to your case is significant in how long it takes to get a hearing decision. Some judges decide claims or review draft opinions quickly, while others take their time.
Another major factor is whether the record remained open post-hearing. For example, either you or the judge might want additional medical evidence, which takes time to receive from the medical provider.
In addition, if you have a complex medical impairment with thousands of pages of records, you might have to wait longer for a decision.
What are My Options if the Judge Denies My Claim after the Hearing?
If the judge denies your claim at the hearing, you can appeal the decision by filing a request for review with the Appeals Council. This is the last step in the administrative process.
However, it is unlikely the Appeals Council will reverse the judge’s decision, though it happens occasionally.
Another option is refiling an application for SSDI or SSI after the denial. There is no limit on the number of times you apply.
Consider hiring an attorney to discuss your options if the hearing does not go well. You have an important decision to make.
A Top-Rated Disability Lawyer is Here to Help You
Though there are clues the disability hearing went well, you can never assume you won your case based on the judge’s behavior (unless you received a bench decision).
Some of the politest judges have low approval rates. And some of the most impatient and rude judges routinely award claims after the disability hearing.
You cannot control the judge’s demeanor. But you can control how you present your claim and present the evidence so that you have the best chance to win your hearing.
And you can control whether you get help with your case.
Having an experienced and skilled lawyer by your side can improve the likelihood of success. If you are ready for help, we are here for you. Contact us today for a free consultation.
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