Monday, May 26, 2014

WHO CAN ATTEND MY HEARING?

Social Security disability hearings are closed to spectators.  The following 5 persons are typically in attendance:
  • the claimant
  • the claimant's representative (attorney or advocate)
  • a hearing clerk who works for Social Security/ODAR
  • the administrative law judge
  • a vocational expert (called by Social Security to testify)
In rare cases, a medical expert (doctor) may be called to provide testimony but this is not typical.  Experts may give testimony via a telephone conference call.

Note that Social Security does not have an attorney to represent the government's point of view.  Therefore, these hearings are often called "non-adversarial."  There is no argument between two opposing advocates or lawyers.

The claimant may be able to call a witness to testify on his/her behalf.  This must be approved by the judge.  The judge may want to know why a witness is necessary to arrive at the proper decision.

 

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