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New Jersey Disability Attorneys Explain Your Social Security Disability Hearing

As your New Jersey disability lawyer will tell you, your disability hearing will be before an Administrative Law Judge (“ALJ”) and will be recorded. Even though it is not an adversarial hearing, it is still taken under oath or by affirmation. You may be scheduled to appear at the hearing via video teleconference. You or your New Jersey disability attorney can object to this but if you do the hearing will have to be rescheduled. Experts will also typically testify at hearings. They can also testify in person or by video teleconferencing.

Evidence will also be presented at your hearing. The evidentiary rules at a hearing before an ALJ are relaxed, so certain evidence that would not normally be admissible in court will be admissible at your hearing. Also, vocational or medical experts typically testify. They can do so in person or by video teleconferencing. After the hearing, a written decision is issued by the administrative law judge.

There is a chance that you may not have a hearing before an ALJ. Sometimes an attorney advisor may resolve your case before it reaches the ALJ. The attorney advisor may review your file and request additional evidence and even have an informal pre-hearing conference. The hearing will usually be via telephone. If the attorney advisor issues a decision in your favor, the original request for a hearing will be dismissed unless a request to proceed is made within 30 days. If a request is made, the Appeals Council will review the attorney advisor’s decision. Be sure to advise your New Jersey disability attorney if you wish to appeal the attorney advisor’s decision.

If you are interested in appealing a disability decision or filing for disability benefits contact New Jersey disability attorney Zager Fuchs, P.C. for a legal consultation.