Hearing Characteristics
First and foremost, it is important to realize that a majority of the claimants filing for SSDI benefits because of a liver disease or disorder will most likely have to attend a Social Security Disability hearing and present their case. It is not uncommon for any individuals who are in this unenviable position will experience feelings of anxiety based on having to stand in front of an adjudicator when presenting their case. This can be very intimidating for some individuals.
However, it may comfort you to know that these hearings operate quite a bit differently from standard court proceedings that you may have experienced in your own life or those you may have seen on television. First and foremost, and unlike regular court proceedings, Social Security Disability hearings are conducted in complete privacy. The general public is never allowed to attend these hearings as the disability stemming from your liver disease is a private concern of the parties mentioned herein.
Typically, the hearing is attended by only you, your Social Security Disability attorney, and any key witnesses who have information which is deemed relevant to your specific set of circumstances. The following content contains some of the key differences between regular court proceedings and your Social Security Disability hearing regarding your liver disease.
Relaxed rules of evidence – depending on the case being presented in court, judges are bound by law to follow either the Rules of Civil Procedure or the Rules of Criminal Procedure whenever it is a case in a federal, municipal, or state court. Conversely, those evidentiary issues are non-existent in a Social Security Disability hearing. Additionally, most evidence which can substantiate your case will be allowed by the ALJ at your hearing.
Only those individuals who could possibly have a bearing in your case are allowed to attend your hearing – the general public is not allowed as was mentioned above. The only individuals who usually attend your hearing will be the ALJ, you, and your attorney. If there are witnesses who have relevant information, they may also be allowed to attend. Additionally, the presence of a Medical Expert (ME) or Vocational Expert (VE) may also be requested by the ALJ.
Social Security courtrooms have a different appearance – although this may not seem like an important factor, Social Security Disability hearings are held in smaller courtrooms. The ALJ is usually seated on a raised bench, but they may or may not be wearing a judge’s robe. Typically, you, your attorney, and any other pertinent individuals will be seated around some type of conference table. This provides you with a more relaxed atmosphere to present your case in.
Leave a Comment