Before the hearing
Your attorney reviews the complete SSA electronic file (e-file), obtains updated treatment records, requests treating-source opinions on Residual Functional Capacity, and often submits a pre-hearing brief identifying which Blue Book Listing your case meets or equals and which Medical-Vocational grid rule directs a finding of disabled.
You will receive a Notice of Hearing at least 75 days before the hearing date (20 C.F.R. § 404.938). All evidence must generally be submitted (or SSA notified) at least 5 business days before the hearing under the "5-day rule" of 20 C.F.R. § 404.935.
Attorney-client prep session
We meet with every client for a dedicated prep session before the hearing. We walk through:
- The exact questions the ALJ typically asks (a "typical day" narrative, work history, medications, side effects).
- How to describe pain, fatigue, and mental symptoms in specific, quantifiable terms rather than "I can't do anything anymore."
- Common traps: activities that undercut credibility, work attempts that need to be explained, gaps in treatment.
- The vocational expert's likely hypotheticals and the answers that direct a finding of disabled.
The hearing itself
A typical SSDI hearing proceeds in this order:
- Preliminary matters. Identification of exhibits, objections, procedural questions.
- Claimant sworn. You raise your right hand and swear or affirm to tell the truth.
- Claimant testimony. The ALJ asks about your background, education, work history, impairments, symptoms, treatment, medications, daily activities, and functional limits. Your attorney follows up with clarifying questions.
- Medical expert testimony (if any). An independent physician or psychologist testifies about whether the medical evidence meets or equals a Listing. Your attorney cross-examines.
- Vocational expert testimony. The VE classifies past work by exertion and skill level (Dictionary of Occupational Titles and SVP codes) and then answers hypothetical questions from the ALJ. Your attorney cross-examines with additional hypotheticals — this is often where the case is won.
- Closing. Attorney may make a brief closing statement or request post-hearing evidence submission. The ALJ closes the record.
The vocational hypothetical
A single well-crafted cross-examination hypothetical — for example, adding a limitation to only occasional handling and fingering — can eliminate every job the VE testified you could perform and direct a finding of disabled. This is where an experienced attorney earns their fee.
How to testify effectively
A few rules learned from decades of Michigan SSDI hearings:
- Be specific. "I can stand for 10 minutes before I have to sit" is worth 20 vague answers.
- Answer the question asked. Do not volunteer more. Stop talking when you have answered.
- Do not exaggerate — and do not minimize. Credibility is the thing you cannot get back after you lose it.
- Say "I don't know" when you don't. Guessing is worse than not knowing.
- Describe your worst day and your typical day. ALJs want the full range.
After the hearing
The ALJ issues a written decision, usually within 30 to 90 days. Three outcomes are possible:
- Fully favorable. Disability found from the alleged onset date. SSA calculates and pays past-due benefits.
- Partially favorable. Disability found from a later date, reducing back pay. You can appeal the onset issue while accepting the future benefits.
- Unfavorable. Claim denied. 60 days to request Appeals Council review under 20 C.F.R. § 404.968.
Hearing coming up? Don't go alone.
Call Jay Trucks & Associates. We'll develop the record, prepare you to testify, and cross-examine the vocational expert — the three things that decide almost every Michigan SSDI hearing.