Lay witnesses can testify about your disability at an appeal hearing
The Social Security Administration procedure for evaluating your initial application for disability benefits is to make the decision based only on the paper work of your application and medical records. Therefore, there is no opportunity to provide live testimony that might explain how your disability limits your ability to work.
However, if your disability application is denied then the Social Security Administration uses a very different procedure for the appeal hearing. At the appeal hearing you can:
- Appear and testify to the Administrative Law Judge.
- Have a Social Security lawyer with you to represent you.
- Bring lay witnesses (e.g., friends, relatives, or co-workers) to testify about how your disability affects your ability to work.
All relevant evidence will be considered at your Social Security disability appeal hearing
A Social Security Administration regulation requires the Administrative Law Judge to consider descriptions and observations of your limitations as provided by “your family, neighbors, friends, and other persons.”
Therefore, at the appeal hearing of your Social Security disability claim the judge will listen to the testimony of your friends, family members, neighbors, coworkers, or anyone else that you and your Social Security lawyer think will help support your case.
Your witnesses can testify through written statements
The most effective testimony is live testimony, so you will prefer to have your supporting witnesses go with you to your appeal hearing. However, if for some reasons one of your witnesses cannot attend the hearing then it is possible for that person to provide testimony through a written statement.
Your Social Security lawyer will help decide whether or not to use a written statement and what to say in it. Just like any testimony, a written statement should be personal and individual so that it avoids looking like a standard form.
Let me help
If you are not already represented by an Okaloosa or other Florida Social Security disability lawyer and want my evaluation of your case, give me a brief description of your claim using the form to the right. Or, you may simply email or call my office.
Michael V. McGrail
Wesley, McGrail & Wesley, PLLC
Okaloosa Social Security disability attorney
