No More Court? The New Alternative for Disability Hearings

Social Security disability judges are now conducting hearings by telephone and the experience is completely unlike previous hearings which were held in person or via video conference. How do you prepare yourself to handle this new reality?

As I discuss in this video, telephone hearings require a different form of preparation by both attorneys and claimants. When you appear in person or at a video hearing, you are in the same room as your attorney and there is a non-verbal communication that exists, allowing you to draw emotional and psychological support from your lawyer.

For example if you veer off topic in your testimony, a look and a nod from your lawyer can help you get back on track. This dynamic won’t exist when you and your lawyer are calling in from different locations.

As such, I spend more time preparing my clients by practicing testimony several weeks before our actual hearing. I help my client identify the most important medical impairment in his/her file and we practice how to answer questions with specific answers.

Statements like “I can’t sit very long” or “I can’t lift too much” won’t work - instead you must give answers that include a certain number of feet or yards, or minutes and hours.

I also want my clients to know their diagnoses, the medications they are taking and side effects from each medication.

Judges won’t be able to pick up non-verbal cues in telephone hearings so you need to be prepared to speak clearly and accurately when you testify.

My feeling is that pre-hearing preparation is especially crucial in telephone hearings and I hope this video gives you guidance as to matters that you need to think about in the days before your hearing.

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Jonathan Ginsberg
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