A Social Security disability hearing is presided over by an Administrative Law Judge (ALJ). Administrative Law Judges might not wear robes, but they are due the same respect you would pay to a court judge.
It is the judge’s job to decide on your entitlement to disability benefits, and your earlier denials do not factor into the decision. Over 50 percent of ALJ decisions nationwide find in favor of the claimant, which are the best odds in the Social Security appeals system.
The hearing with the ALJ is not “adversarial,” meaning that there is no opposing representative and no cross-examination. It is not the judge’s job to argue against you or be your opponent, but rather to determine the facts about your disability claim.
Many claimants feel angry at the system by the time of the ALJ hearing because their applications have already been denied twice and often for confusing or illogical reasons. The process is undeniably time-consuming and frustrating. However, do not take your anger out on the judge; it is not the judge’s fault. The judge is probably well aware of the problems with the Social Security system, but did not create them, so it would not be helpful to ask demanding questions of the judge such as “Why was my claim denied?” and “Why haven’t I gotten a hearing until now?”
In general, do not ask questions of the judge; however, if you do not understand a question, it is OK to ask the judge to clarify or explain further. The judge, your representative, and other members of the legal profession have a tendency to speak in complicated language you might not understand. Don’t be embarrassed; if you aren’t clear on what a question means, politely ask for a clarification.
It is best to talk to the judge with courtesy and politeness as if he were an old friend you want to tell about your problems. It’s OK to use informal language; you will not be expected to use representative or doctor jargon to explain yourself, just be clear and candid.