How to Get Ready for Your Social Security Disability Hearing

Ask the Social Security hearings office for your file at least three months before your hearing. They can email it to you or send you a CD or paper file. 

Getting a copy of your file is important because your file is what the Social Security judge will look at to help decide if you can get benefits. If important documents are missing from your file, this can hurt your case, so review it closely.

What you'll find in your file

It might be a lot to take in when you get your file. It could be hundreds of pages long. But it's important to go through your file carefully. 

Your file has details about your Social Security disability claim. It will tell you: 

• Why Social Security denied your claim before
• What information they have about you

How to read your file

Your file is divided into five sections. Here's a quick guide to what you'll find in each section: 

• Section A: "Payment Documents/Decisions." This section of your file has all the decisions that Social Security has already made in your case. The most critical documents in this section are called the "Disability Determination Explanation" or "Disability Determination Transmittal." These documents explain why Social Security said "no" to you getting benefits in the past.
• Section B: "Jurisdictional Documents/Notices." This section of the file has records that track what has happened to your case at each step of the process. If you have a representative, their paperwork will be in this section.   
• Section C: "Non-Disability Development." This section will have information on your wage and work history. This section may also note what Social Security has done to prepare your case for hearing.
• Section D: “Disability-Related Development.” This section has records related to Social Security tracking down your medical records.  It may also have disability-related information that isn't medical, such as vocational rehabilitation or educational records.   
• Section E: “Medical Records.” This is the most important section to review carefully. You will want to make a list of all the medical records that Social Security already has and the dates of service included in those records. This will help you determine what is missing and needs to be found and given to the judge.   

Make sure your file isn't missing key documents

It's common for your Social Security file to miss some documents. You need to make sure it has everything about you and your disability. Here's what should be in your file:

• Complete set of medical records. These are crucial. Ensure your file includes all your doctor's visits, medical tests, and hospital stays related to your condition. They show the history and severity of your health problem. These records should stretch back to when you said you became disabled on your social security application.   
• Letters from medical providers. Ask your doctor and other medical providers to write letters supporting your disability application. In the letter, your medical provider should describe your condition, how it limits you, and why it prevents you from working at a full-time job. 
• List of medications. If you take medications for your disability, make a list of everything you take. Preparing a detailed list of medications helps the judge understand what you're doing to manage your health condition. On this list, be sure to include: 
  • The name of the medication. 
  • How much and how often you take the medication. 
  • Who prescribed the medication. 
  • How long you've been taking the medication.
  • How the medication affects you. 
• Letters from other witnesses. Ask friends, relatives, or former co-workers who know about your disability to write letters in support of your disability application. Their letters should explain how your disability affects your daily life or why it prevents you from working full time. 
• Work history and other job records. If you have a work history, gather documents related to your past work. The documents should show how your disability affected your ability to work. Here are some examples of documents you can use:   
  • Letters from past supervisors or co-workers or ask them 
  • A "Work Activity Questionnaire" completed by a former supervisor or boss with detailed information about how your disability affects your ability to work
  • Vocational rehabilitation records or vocational assessments documenting your work-related challenges
  • A list of every place you've worked in the last five years. Include the name of the company, address, and supervisor name
• Educational records. If you were disabled as a child, you may have had something called an "Individual Education Program" or "IEP." An IEP is a personalized plan that public schools must create for children with disabilities. An IEP explains how the school will accommodate your disabilities so you can get an education. A copy of your most recent IEP or other educational records can help document your challenges in school because of your disability.  

If your file is missing key documents, you must get them to the Social Security hearings office if you want the judge to look at them. 

How much time do I have to send in my missing documents? 

It's best to send Social Security the documents at least one month before your hearing. But if you can't do that, you must send them at least five business days before your hearing, or the judge might not look at them. 

How do I get Social Security my missing documents? 

Mail or fax them to the Social Security hearing office handling your hearing. You can find the telephone and fax numbers for the hearing office at the top of each notice sent to you. You can also find contact information for hearings offices on this Social Security webpage. 

At the hearing, a judge will want to hear about your disability and how it affects your ability to work full time. The information you share with the judge is called your "testimony." 

Usually, the judge will ask you questions. If you have an attorney, the judge may let your attorney ask you questions instead.

Tips for preparing your testimony. 

• Be prepared to answer the judge's questions. This page contains a list of common questions judges may ask. 
• Think about what you want to say ahead of time. Write down key points you want to share with the judge.   
• Be honest and detailed. Tell the judge if you have trouble doing specific tasks or have days when your symptoms make daily living extremely difficult.   
• Summarize what your supporting documents and medical records say. The judge doesn't have much time to read all your paperwork. Point out what's important in your documents so they know what to focus on.   
• Don't exaggerate or minimize your issues. If you struggle to talk about some of your problems, consider calling a witness who has observed them and can testify about how they impact you.
• Practice with a friend. Consider doing a practice run of your testimony with a trusted friend. Practicing can help you feel more comfortable when it's time for the real thing. It's also an excellent way to get feedback on the most important details to share.

The week of your hearing, make sure you: 

• Finish your notes or outline. 
• Update your medication list (if needed). 
• Have a copy of your Social Security file printed or easily accessible on a computer. 
• Check in with your witnesses (if you have any) to ensure they know how to attend the hearing.   

Tips for in-person hearings:

• Double check that you know where to go, how long it will take to get there, and where to park.   
• Make sure you have a ride to the hearing. 
• Plan to arrive early so you're not rushed. 
• Dress neatly and comfortably, as if you were going to a job interview. 
• Bring a water bottle, a snack, and medications (if needed). 

Tips for phone or video hearings:

• Make sure you have a quiet place where you won't be bothered. The judge will ask you to confirm that no one else is nearby who could help you answer the questions. 
• Make sure you have a good internet connection or phone service. You can use a meeting room at a public library if you don't have internet at your home.
• Make sure you know how to connect or call into your hearing. This information will usually be on your hearing notice. If you have lost this notice, call the Social Security hearings office. 
• Make sure you have an electronic device (computer, tablet, phone, etc.) that works well and is fully charged before your hearing. 

It's finally time to go to your hearing. Take a deep breath. You got this! Remember that with preparation you can put on your best case.

Tips for a successful hearing: 

• Listen carefully to the judge's questions and take your time answering. Don’t interrupt or talk over the judge. 
• It's okay to say you don't know or can't remember something. It's better to say you don't know than to guess the answer. 
• When you do answer, be as clear and specific as you can. 
• Be respectful to everyone at the hearing, including the judge, the experts, and the judge's staff. Remember, they're there to help make a fair decision about your case. 

If you have other questions about your hearing, you can visit this Social Security page or call the Social Security hearings office that is handling your case.