Make a clear introductory statement such as:
“Good morning/afternoon. My name is _______. I am a disability hearing officer employed
by the State of ______________(Social Security Administration, if applicable). I have
had no previous involvement with your case. It is my responsibility to conduct a hearing
for people who have been receiving disability benefits from the Social Security Administration
and who disagree with the determination that they are not now disabled. After this
disability hearing, I will make a new determination about whether you continue to
be disabled.”
“The basic purpose of the disability hearing is to give you a chance to explain why
you do not agree with the determination that you are not now disabled under the Social
Security Act. Disability, under Social Security, basically means that your condition(s)
prevents you from doing substantial work (results in marked and severe functional
limitations for DC claims). You will have the opportunity to offer your own interpretation
of the evidence in your claims folder. You will also be able to submit new evidence,
including your own testimony and the testimony of people who know about your medical
condition(s). You also have the right to question any witness present.”
“After the hearing is over, I will make a new determination as to whether or not you
are now disabled under the Social Security Act.” (In concurrent Title II/XVI cases,
make sure the beneficiary (or recipient) understands the determination will cover
both titles.)
“This hearing today is not like a court hearing where more formal
procedures are used. You should feel free to offer any comments or to ask
any questions you might have, and to describe things in your own terms in a
way that is comfortable for you.”
“I must remind you that you are required by law to provide accurate and complete
information to the best of your ability.” (At this point, the DHO will raise their right hand in administering the oath and
ask those who will be testifying at the hearing to do likewise.)
“Do you promise to tell the truth to the best of your
ability?”
“I will be taking notes and completing a form as we proceed. This form
will help me to prepare my determination after the hearing is over. It will
also help ensure that we cover all of the questions and issues in your case
in the time allotted.”
“Do you have any questions so far?”