Mock Social Security Disability hearing
Offers instruction on procedures

What really happens during a Social Security Disability hearing?  A volunteer cast of U.S. administrative law judges and experienced claimants' representatives demonstrated, through use of a mock hearing recently, before a crowd of Congressional staffers, agency personnel and representatives of other associations.

Portraying a claimant, attorney-representative, medical expert, vocational expert and judge were U.S. Administrative Law Judges Tela L. Gatewood, Peter M. Keltch and Jodi B. Levine; Rudolph N. Patterson, private practitioner; and Holly Robinson, associate staff director, ABA Commission on Law and Aging.

The audience saw an inside perspective of the format of, and issues raised at, a real Social Security Disability hearing, as well as the interaction that can occur among hearing participants.  The actors gave the audience a better idea about the complexity of the issues addressed at a hearing, including a discussion of what medical conditions have been alleged, their level of severity and treatment, and their relationship to vocational matters such as past and potential work.  

In the mock hearing, barriers common to the expeditious conclusion of the cases included insufficiency of objective medical records, contradictory medical records and the necessity to obtain these records.  Another barrier cited is the limited number of staff available to work on cases because of budget cuts while the volume of cases has increased.  

A post-hearing discussion involved concerns over the increasing backlog of Social Security disability claims and the inability to close the cases within a reasonable time frame.  On average, Social Security disability claims can take over a year to go from the initial application of the claim to the date of the hearing before an administrative law judge.  

Additionally, the importance of representation at a Social Security Disability hearing was discussed, as statistics show that around 70 percent of claimants with representation win their cases.  It further was emphasized that the desire for quick issuance of a decision must be balanced with the important concern that the claimant be provided due process.  It was observed that all who touch the file from the moment of application until the decision is mailed share the concern that the claimant be provided a fair and impartial decision. 

The ABA has long taken an interest in Social Security claims, working to foster a fair and efficient decision-making progress.

Back to top

Back to home