Railroad Retirement Board Disability Hearings: The Importance of Procedure

By Douglas I. Friedman of Friedman Law Firm, P.C.

Friday, January 3, 2020

At a railroad retirement board disability hearing, sometimes the importance of procedure can be overlooked. It's obvious that when you have a hearing, you need to include helpful evidence in the record. But, it is often not obvious how to include evidence in the record. Most workers think of Railroad Retirement Disability in terms of their injuries and nothing else. But, when it comes to Railroad Retirement disability cases, the procedural aspects are just as important.

Unless you are familiar with the railroad disability process, you may miss important opportunities to present your case in the best light. For example, at the hearing, if you think that an exhibit that the Hearing Officer wants to include in the record is inaccurate and should not be admitted, you have to state an objection to it, and give reasons why.

While most evidence will be admitted, sometimes an objection will at least alert the Hearing Officer to a problem you perceive with an Exhibit in the case. Maybe that the particular evidence may be given less weight than other evidence as a result. This is an example of utilizing a procedural aspect of the case to enhance the substance of your case by telling the Hearing Officer that the evidence in your favor is stronger than other evidence, and why.

Similarly, sometimes you may need to object to a question posed by the Hearing Officer, or a response by the Vocational Expert.  While this does not happen often, if it comes up, you need to know what to do to assert your rights. An example might be a leading question from the Hearing Officer, or a non-responsive or incomprehensible answer from the vocational expert. Or, on the rare occasion that you may think that the Hearing Officer is not being fair, usually you have to raise that issue at the hearing, and ask the Hearing Officer to recuse themselves.

As you present your testimony and evidence, these issues and others like them should be on your mind. You will find that it is often procedural aspects like these that become most important to the success of your case.

If you have any questions, please email us at LifeHealth@FriedmanFirmPC.com or call (800) 728-0434.

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