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OREN & OREN

Disability Lawyers in Fresno, Bakersfield, and all of San Joaquin Valley

← How ALJs Conduct Social Security Hearing Procedure
Preparing Witnesses to Testify →

The hearing – Opening Statement by the ALJ

Posted on December 25, 2012 by jpdisab

The hearing is more casual and relaxed than the actual trial. A representation by an expert Fresno disability attorney, along with your confident testimony, will help your cause at the hearing.

ALJ’s Opening Statement

At most hearings, the administrative law judge will open the record, state the present parties and observe that you are represented by yourFresnodisability attorney. The ALJ may ask you or your attorney to confirm that fact on the record. At the beginning of the hearing, most ALJs will try to make you feel comfortable.

The ALJ’s opening statement may include the following:

1. A statement that the hearing is de novo and that the ALJ was not involved in the office that had denied the claim.

2. A notice that the proceeding will be recorded and that the official record of the case will be comprised of verbal testimony and documents admitted into evidence of record.

3. A description of how the hearing will occur, including:

a. only one person will testify at a time;
b. witnesses will be examined under oath and could be cross-examined;
c. the rigid rules of evidence utilized in court are inapplicable;
d. both parties will have enough time to make verbal argument or to file briefs about the facts and law important to the case.

4. A procedural history of how the claim has progressed.

5. A statement of the issues.

6. A short explanation of the documents that are presented as exhibits, addressing potential objections to those exhibits, and admission of exhibits after they cleared by the ALJ.

Some ALJs will ask your lawyer if he or she will waive reading of the procedural history and statement of the issues. Barring some atypical issue in the case, attorneys always agree to waive it.

Applicants filing for Social Security disability benefits will benefit from our legal experience, please contact us.

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