ALJ Hearing

The ALJ will begin the hearing with a statement concerning his or her role in the disability process. The ALJ will state that this is a de novo hearing, meaning that previous decisions are not binding upon the ALJ's judgment in the case. ALJ allowances are not "reversals" of State denials because the ALJ will be looking at the application and medical records with a fresh perspective and often additional written evidence. The ALJ will then make a statement as to what the issues in the hearing are. 

The claimant may be represented at the hearing by an attorney or lay counsel although the SSA will not provide one for a claimant. The claimant's attorney will be shown the list of exhibits already in the case file and be asked if there are any objections to them. 

The ALJ will administer an oath to the claimant and witnesses as each gives testimony. The ALJ will ask questions as will the attorney, if present. The burden of exploring all pertinent facts and issues of the case rests with the ALJ. The ALJ may include medical or vocational expert witnesses in the hearing to help present a fair picture of the claimant's capacities. 

The hearing process should include coverage of these areas--the claimant's full work history, the claimant's personal and medical history, and a description of the claimant's daily activities. Through testimony and additional written evidence, the ALJ must determine if the claimant can perform any previously held job, based on his or her individual case history or jobs theoretically available in the national economy.