After your Social Security Disability hearing, it usually takes about two months to receive the judge’s written decision in the mail. That’s a long time to sit and wonder which way it went. The good news is that lawyers can often tell, or at least strongly suspect, the outcome before that decision ever arrives. Here are three things they watch for during the hearing itself.
Sign #1: The vocational expert says there are no jobs
This is the strongest indicator, and it’s nearly bulletproof. Toward the end of the hearing, the judge asks the vocational expert a series of hypothetical questions about whether jobs exist for someone with certain limitations. If the vocational expert says there are no jobs in response to all of those hypotheticals, you have nearly certainly won. If the expert identifies jobs that match any of the hypotheticals, the outcome becomes uncertain.
Sign #2: The judge asks leading questions that suggest you are disabled
This one isn’t bulletproof, but it’s a strong signal. When a judge starts asking leading questions that already point toward disability, they’re often building a record to support a favorable decision. It might sound like this:
“Based on my review of the records, I take it you have trouble sitting for lengths of time. Is that correct?”
“I suspect, after the accident, you can only walk or stand for a few minutes at a time, correct?”
“Would it be fair to say that you have trouble understanding and remembering new information these days?”
The judge’s tone shifts from neutral fact-finding to confirming the limitations already supported by the file. That shift is what your lawyer is listening for.
Sign #3: The judge asks your lawyer to amend the alleged onset date
The alleged onset date is the date you first became unable to work, and it’s a piece of information you provide on your disability application. Sometimes the judge agrees that you’re disabled, but believes that disability started on a different date than the one you claimed. Justifying that different date in a written decision means a lot more paperwork for the judge.
So if the judge asks your lawyer to amend the alleged onset date to a date they propose, what they’re really saying is: I’m prepared to grant your case if you’ll agree this is when the disability started. That’s a strong signal that an approval is coming, just on the judge’s preferred timeline rather than yours.
Final thought
None of these signs guarantee a result until the written decision arrives. But if you walked out of your hearing having seen one or more of them, especially the vocational expert ruling out all jobs, there’s good reason to be cautiously optimistic. Your lawyer can usually give you a read on what they saw and what to expect next.
What to do after your hearing
Talk with your lawyer right after the hearing about which signals, if any, they noticed.
Pay attention to the vocational expert’s answers in particular, since this is the clearest indicator.
If the judge proposed amending your alleged onset date, make sure you understand what date was agreed to and what it means for your back pay.
Plan for the wait. The written decision typically arrives a couple of months later, and next steps will depend on the outcome.
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@bradthomasdisability Three Signs You WON Your Disability Hearing
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