While you are not usually required to bring a witness to your hearing for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, sometimes having one there to testify on your behalf can help your case.
Most often, SSDI and SSI cases are decided based on your medical records and the opinion of your doctor(s) as to what kind of limitations you have with your conditions. Therefore, a witness is not always helpful to your claim, and most disability cases are decided without witness testimony.
However, there are some situations where a witness who knows you and your limitations may be helpful to your case, as long as those witnesses are able to testify as to how your conditions and impairments limit your ability to work or function on a daily basis.
When Can A Witness Help My Case?
Disability claims that may benefit the most from witness testimony are cases where you may lose consciousness or awareness during your episodes (such as seizures/epilepsy or bipolar manic episodes); or if you have mental limitations that lead to you having difficulty communicating your condition and how it affects your day to day; or if you are a minor child, in which case Social Security will likely want to hear from your parents.
If you wish to have witnesses testify in person at your hearing, it is best if you submit a list of the witnesses ahead of time to the Administrative Law Judge (ALJ) who has been assigned to hear your case. You are then responsible for making sure your witnesses show up at the hearing and that they know about your conditions and limitations – you do not want them discrediting you by testifying to something different from what you said your limitations are.
However, even if you submit a list of witnesses before the hearing, the ALJ can refuse to hear their testimony. If the judge has decided to listen to their testimony, they will be sworn in. Then, the judge will ask the witness questions, after which you or your lawyer will have the opportunity to ask questions.
What Will the Witness Testify About?
When answering the questions posed by the judge, you, or your lawyer, the witness should be focused on how your condition and impairments limit your ability to function day to day. Helpful topics include can you shower on your own, do you fix your own meals, are you able to start a task and see it through to completion, and so on. Their focus will not be explaining the condition to the judge in medical terms, but instead on how the condition impacts your daily life.
If you would like to have witnesses present at your Social Security hearing, I would encourage you to speak with an attorney first to determine if bringing witnesses is in your best interest.