Social Security Disability    

 

Formal Hearings with an Administrative Law Judge (ALJ)        

The Office of Disability Adjudication and Review (ODAR), formerly the Hearings and Appeals (OHA), is part of the Social Security Administration. Its primary function is to ensure that claimants receive a fair and impartial hearing. ALJ decisions are based upon federal statute, rulings, and regulations of the Social Security Administration.  Attorneys and non-attorneys may represent claimants from the initial application to the Appeals Council, to include the ALJ hearings.       

An ALJ is hired by ODAR to conduct hearings and issue decisions. The ALJ is a federal employee whose paid by the Social Security Administration with special training in medical impairments and Social Security regulations. Each ALJ is an independent decision maker who receives a career appointment, and may be removed from their job only for good cause. An ALJ may not conduct a hearing, however, if he or she is biased in any respect, or has an interest in the outcome.  

Duties of the ALJ include conducting hearings, scheduling medical and vocational experts, ordering consultative examinations, and issuing final decisions. After you file the Request for Hearing, ODAR must provide a fair and impartial hearing. To ensure this protection, you have the right to be represented by an attorney or other authorized disability representative.    

The ALJ administers the oath and testimony is recorded. Administrative hearings are recorded on cassettes. If there’s an appeal, ODAR has the cassette transcribed. New documents are admissible if relevant and subject to objection. You may bring evidence and witnesses to the hearing to support your case. The ALJ may conduct the initial questioning, and we may redirect with pertinent questions. Sometimes, we ask the initial questions. Then, the ALJ will question expert witnesses, while we have the right to cross-examine such witnesses.    

You have the right to request the presence of a consultative physician, medical advisor, or Disability Determination reviewer for cross-examination purposes. You may subpoena records that are vital to your case. If the consultative physician, medical advisor, or Disability Determination reviewer fails to appear, the medical evidence provided by those individuals can be stricken from the record.

Under certain circumstances, the ALJ needs more evidence and sends you to a consultative examination, or requests a supplemental hearing at a later time to obtain the testimony of a medical and/or a vocational expert. It is important that you cooperate with the ALJ because the ALJ’s office is swamped with hearing requests and other responsibilities.

 

 

Copyright 2004-2007 Dynamic Disability Solutions, Terms and Conditions | Refer a Friend | Site map