3.3 Hearing Procedures Flashcards
“What happens during an ALJ hearing?”
Answer:
“1. The ALJ reviews evidence and listens to testimony from the claimant and witnesses.”
“2. The claimant can provide new evidence.”
“3. Vocational and/or medical experts may testify.”
Explanation: “Hearings are informal but critical for claimants to explain their impairments and functional limitations.”
Source: CFR §404.929.
“What is the ‘Five-Day Rule’ for evidence submission?”
Answer: “Claimants must submit or inform the SSA of additional evidence no later than 5 business days before the hearing.”
Explanation: “The rule ensures the ALJ has sufficient time to review evidence before the hearing. Exceptions are allowed for good cause.”
Source: CFR §404.935.
“Who can testify at an ALJ hearing?”
Answer: “Claimants, witnesses (e.g., family or caregivers), vocational experts, and medical experts.”
Explanation: “Experts provide critical opinions on the claimant’s functional limitations and job prospects.”
“What is an on-the-record (OTR) decision?”
Answer: “A decision issued by an ALJ based solely on the evidence without requiring a hearing.”
Explanation: “This occurs when the evidence clearly supports a favorable decision.”
Source: SSA Hearing Guidelines.
Case Scenario: John is scheduled for a hearing before an ALJ to appeal his SSI denial. His representative plans to call a vocational expert (VE) as a witness to support his claim.
Question: What is the role of a vocational expert (VE) in an ALJ hearing?
Answer: A VE provides testimony about the availability of jobs in the national economy that the claimant can perform based on their Residual Functional Capacity (RFC).
Legal Explanation: The ALJ often relies on VEs to determine whether claimants can adjust to other work in the national economy. The VE’s testimony must align with SSA regulations and vocational guidelines.
Case Scenario: Mary, representing herself at her ALJ hearing, has new medical records supporting her disability. The ALJ decides to issue a decision without holding a hearing.
Question: What is this type of decision called?
Answer: This is called an “on-the-record” (OTR) decision.
Legal Explanation: An OTR decision occurs when the ALJ determines that the evidence clearly supports a favorable decision, eliminating the need for a formal hearing.
Hearing Procedures:
ALJs can issue OTR decisions or conduct hearings with testimony from claimants, medical experts, and vocational experts.
