What happens at a Social Security disability hearing?

• In person at an SSA office or hearing center.
• By online video via Microsoft Teams.
• By telephone.
• By video teleconference at an SSA facility (if, for example, you want a video hearing but do not have the necessary equipment to use online video from your home or office).

After you submit a hearing request, the SSA will send you information about the different options and forms to make your selection. You’ll find detailed information on all four methods at Social Security’s hearing options website.

While disability hearings are less formal than trials, most claimants bring someone to represent them, according to SSA data — usually a lawyer, though a social worker, professional disability representative or even a relative can play that role. It's your choice, but a study by the federal Government Accountability Office (GAO) found that people who have a legal representative are nearly three times more likely to be successful.

How hearings work

Before the hearing, the judge will review your file, including any additional evidence you've submitted to support your claim, such as medical examinations conducted since the initial application. At the hearing, you can give sworn testimony, and the judge may ask you questions about your past work and current limitations.

You can also present expert witnesses, such as physicians, psychologists or other medical professionals, to make the case that you meet Social Security's definition of disability (that your condition will prevent you from working for at least a year or end in death). The GAO found that you're one-and-a-half times more likely to win if you present testimony from a medical expert. Social Security may present its own medical experts, or a vocational expert who can testify about the skill level and mental and physical demands of your occupation.

If the hearing judge rules against you, you can request a review by the Appeals Council, a panel of administrative appeals judges. The council can deny, modify or uphold the original judge's decision or request that they hold another hearing. If the Appeals Council denies your claim or declines to review your case, the last option is to take the case to federal court.

Keep in mind

• You have 60 days from the rejection of a disability claim to request a reconsideration. The deadline is the same to request a hearing and an Appeals Council review.
• Disability attorneys generally work on a contingency basis, meaning they only get paid if you win. If so, they receive a portion of any back payments Social Security owes for benefits you would have received had your claim been approved in the first place. The fee agreement must be approved by the SSA and can be up to 25 percent of the back pay or $9,200, whichever is less.
• If you're unable to attend a scheduled in-person hearing due to illness or some other problem, you must notify the hearing office in writing at least five days beforehand and explain the reason.