With the onset of the Covid-19 pandemic, Social Security has begun doing many of their disability hearings via telephone. Before the pandemic, all of the disability hearings were conducted in person. Telephone hearings, however, are quite different from in person hearings and thus, requires a different kind of preparation. While some more severe disability cases are being heard in person, Social Security is likely going to continue telephone hearings for a long time. Being adequately prepared can significantly help your disability case and we will give you some tips on how to do this.
First, a telephone hearing will have four to five people on the phone call. The phone call will have you, the judge, vocational consultant, hearing assistant, and if applicable, a medical expert. If you are using a cell phone for the hearing it is a good idea to do a test call beforehand. Have a few friends or family members get on a merged call and see if they are able to hear your voice in the phone. During the practice call you will also be able to see if you are able to hear others clearly. Hearing is important as you will need to be able to understand the questions being asked during the hearing. Additionally, do not use speaker voice as your voice may not come out clearly through the conference call.
Second, do not interrupt the judge. You may anticipate a certain question such as “tell me about the last 15 years of work,” but you must wait for the judge to finish asking his question before you respond. Judges expect and deserve a certain level of respect. If they feel like they are not receiving that respect it may lower your chances of winning your disability case. Additionally, try to speak slower and more clearly than you normally would. It is more difficult to hear and understand what someone is saying on a conference telephone call, and if a Judge cannot hear you well they will likely continue with the hearing anyway.
Third, ask your representative to go through some of the possible questions that may be asked at the hearing. People outside of law schools are usually unfamiliar with the experience of being asked a long series of questions. You will be much more comfortable answering questions at the hearing if you have practiced ahead of time. Additionally, many of the questions can be uncommon, such as questions about your work history, daily activities, impairments and conditions etc… Going through these questions with your representative will help you learn what to expect. Practice makes perfect, and a Disability hearing is no different.
Lastly, you are not entitled to Social Security Disability benefits. The judge is much more likely to deny your case if you have the attitude that you deserve the benefits or are permanently disabled. Instead, you want to make it sound like you do not want to be applying for disability; you would rather be working or living a fully functional and normal life. It is your physical and mental impairments and conditions that have caused you to be there. The purpose of disability benefits is to help those who are currently disabled, but can hopefully one day return to work when their conditions have gotten better.
~ Michael
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