Every week, 1,700 people file social security disability claims in Washington State. Until recently, those who chose to represent themselves at a disability hearing could request a postponement if they changed their minds and return at a later date with an attorney present. “We used to represent a lot of people who thought they could do it on their own, showed up before the judge and panicked,” says Jeanette Laffoon, an attorney with Maddox & Laffoon who specializes in disability law.
Now, due to a change in regulations, it will be more difficult to find an attorney willing to step in withdrawing at the eleventh hour. Therefore, it’s vital that anyone choosing to represent themselves goes in prepared and knows what to expect. “The best recommendation is if they can get a rep to help them, they should,” says Laffoon. “It makes the process less scary, even if you have a friend or family member go with you.”
The first thing to know is that hearings for Thurston County residents take place in Tacoma. Applicants will receive notification of the date and time of their hearing, which will be held in a conference room rather than a courtroom. “It’s just the claimant, the hearing examiner, the administrative law judge and sometimes a vocational expert,” says Laffoon. “No attorney on the other side is going to question you.”
The hearing itself is more like a conversation than a trial, she explains. Because all hearings are recorded, claimants need to speak up rather than nodding or shaking their head. Judges will go through a series of questions, beginning with why the claimant can’t work. “They’ll know what’s in the medical records,” says Laffoon. “It will start out with easy questions and then get into asking whether you have any criminal history, periods of incarceration, drug or alcohol abuse, or marijuana and tobacco use. They have to know about any type of substance abuse in case it’s material to the disability.”
In the next stage, the judge will confirm that the claimant hasn’t been working. Applicants should be prepared to talk about any work they’ve done since the date they claim they were disabled, including volunteer work, panhandling, jobs under the table and trading services. If someone left their job and collected unemployment benefits, that will also need to be discussed. “Judges sometimes ask claimants to amend their alleged onset date of disability to after they stopped receiving unemployment benefits,” Laffoon advises. Past relevant work will be reviewed, along with the last job the claimant had and reasons for leaving.
Then comes what Laffoon calls “the real meat of the hearing,” an examination of the claimant’s impairments, symptoms and resulting limitations. The judge will want to know about conditions that are being treated medically as well as any that aren’t. “It’s an opportunity to talk about things that might not be in the medical record,” says Laffoon. “If someone is dealing with mental health issues, we recommend getting treatment, so the judge will take it seriously.”
A whole series of questions follows concerning pain levels, activities that ease pain or make it worse, how the ability to concentrate is impacted, etc. “There’s a list of activities that you’re required to do in all jobs,” Laffoon explains. “Sitting, standing, walking, lifting, carrying, reaching, handling, and fingering. They’ll ask about how long you can do these activities.”
Daily activities will also be reviewed such as chores around the house, childcare responsibilities and recreational hobbies. “They’re trying to figure out if you can work,” Laffoon says. “It’s important to tell the judge how long you can do each of these things. If you can do housework, but only for 15 minutes at a time, they’ll want to know that.”
Finally, if a vocational expert is present, the judge will ask them to classify relevant work done in the past and present a series of hypothetical questions. Claimants also can ask questions. “It’s kind of daunting, but you should do it,” says Laffoon. “Include the limitations you experience yourself, like ‘what if this person had to lie down and rest for 15 minutes of every hour?’ or ‘what if they have to take time off from work every week to go to mental health counseling?’”
Once the hearing is wrapped up, the judge will officially close the process and claimants must then wait to receive a written decision. The judges have no deadlines for issuing a decision, but on average it takes one to three months.
The new regulation that may make it difficult to find a representative at the last minute provides that the rep cannot withdraw after a hearing is scheduled. To obtain access to the electronic file, however, the representative must enter an appearance. Many representatives are unwilling to commit themselves to a disability hearing without first knowing what is in the file. For claimants who decide at the last minute that they want help, it’s critical to get a copy of their file on a disc while they’re still at the hearing office. “That will allow them to go to an attorney so we can assess what’s on the disc,” Laffoon explains. “We can tell them whether or not they have a case, and decide if we can help them with their disability hearing.”
Learn more by visiting the Maddox & Laffoon website, or by calling 360-786-8276 or 800-640-8295.
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