Administrative Law Judge

Proceedings in front of an ALJ are like going to court in the sense that there are rules and there are likely to be witnesses, and the chance to examine them. However, a proceeding in front of an ALJ is conducted much more informally than a trial.

The Administrative Law Judge will allow you or your representative to present arguments and examine witnesses. The ALJ will also likely examine you. You are given the opportunity to present evidence of changes in your medical condition since the date of your application.

• The idea is to gather information to determine whether your impairment meets or beats the Social Security listing. It not an adversarial proceeding where you are pitted against Social Security. 
• There is no representative from Social Security at the hearing.
• The Administrative Law Judge is responsible for looking into all the issues.
• The judge receives documentary evidence as well as the testimony of witnesses.

• When you are called into the hearing room, the judge might already be there. Some judges wear robes, others don't.
• Typically, the judge sits at the head of a long table with a court reporter to his right. You usually will sit facing the judge with the person transcribing the proceedings and any other people seated near by.  
• There are usually microphones in front of all of the key participants. 
• You, as the claimant, and any witnesses testify under oath or affirmation, and the testimony is recorded word-for-word.
• You may ask to be allowed to make an opening statement or argument. This can be a good way to focus the Administrative Law Judge's attention, but keep it brief -- only one or two minutes.
• You have the right to submit records and call witnesses if you choose.
• If you testify:
• If you sweat a lot, or have a nervous tic, let the judge know upfront that this is a normal condition for you and that it does not relate to this particular hearing or to your testimony.
• If you have problems understanding the questions, don't hesitate to explain that to the judge.
• The etiquette differs from judge to judge, but you're on safe ground if you conduct yourself as you would in a regular courtroom. Address the judge as "Your Honor" and stand, or offer to, if you are able, when speaking unless told otherwise.  Most Administrative Law Judges have their clerk to tell you to stay seated when they rise, but some judges like to be accorded all of the formalities of a regular court room. 
• The Judge typically starts out by asking you or your lawyer if you object to any of the agency exhibits (which is the information in the file) and the bases for your objections.
• Frequently, a physician and/or a vocational specialist will appear to present their opinion, usually upholding Social Security's position based on your medical record and exhibits. They are both contracted by the Social Security Administration to offer testimony, the physician on your medical record, the vocational expert on your ability to work.  If possible, see if you can find out in advance of the hearing whether one or both will attend. If so, plan to cross-examine them.
• If there are vocational experts or doctors present, it tends to make the hearing a little more formal and a little more like that of a traditional courtroom. However, in general, the Administrative Law Judge hearing is more like an informal  fact finding conference. The critical issues are the witnesses' credibility, and, if the question is about disability, how the medical conditions impact the particular individual.
• If additional evidence is necessary, the judge may arrange for examinations to be performed and may obtain additional medical evidence from sources who have treated you.
• The styles of judging can differ greatly. Some judges question you (the claimant) themselves, and only allow the attorney to question you after they have finished.  Some let the attorney question you and interrupt from time to time to ask relevant questions. 
• The judges have typically reviewed the files or been briefed by the clerks and probably have a tentative ruling in mind before the hearing starts based on the exhibits in the file. 

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