YOUR TESTIMONY AT A DISABILITY (SSDI) HEARING

During a Social Security appeal hearing, the claimant will give sworn testimony before an Administrative Law Judge (ALJ).  Questions will be asked by the ALJ and by the claimant's own attorney or representative, if there is one.

There are things to do and things not to do in giving testimony.  The following tips are universally true for hearings:

1.  Be specific.  Avoid general, undefined terms.  A little bit, not very often, just a little while, or once in a while are undefined.  Those terms mean different things to different people.  They tell the ALJ nothing.  Instead of "not very often," you might say "about 3 times a week," or "once or twice a day."  Instead of "not very much," you might say, "I can only lift about 10 pounds."  The use of measurable terms like minutes, hours, days, weeks, feet, yard, etc. adds meaning and value to your testimony.

2.  Never lie or exaggerate.  You should know that the ALJ knows a great deal about you before the hearing starts.  He or she had read your medical file, your work history, your detailed earnings or wage reports, and a lot more.  If you smoke or drink, the judge knows it.  Anything you have told your doctor is probably in the record, open for the ALJ to read.  Aside from the fact that you are under oath, it is always in your best interest to be truthful and open.

3.  You must be able to state why you stopped working.  One of the first questions will always be, "Why did you stop working at the ABC Company" (your last job).  The judge is trying to figure out if you stopped working because of a medical condition (disability) or some other reason.  Other reasons are not covered by Social Security.  Here are some reasons for leaving the job that lead to denial of benefits (just examples):

• The plant closed down due to the recession.
• I didn't get along with the boss so I just walked away.
• My car broke down and I had no way to get to and from work.
• My son, mother or (someone else) got sick and I had to stay home and care for them.
• I quit to look for a better job but I just never found one.

None of the above has anything to do with disability and are not paid for by Social Security.  Before your hearing, think about your answer to this question:  "How did your last job end?"  "Why did you leave your last job?"

4.  Be able to answer this question:  "In your own words, tell me why you believe you are unable to work."  The key word is unable.  You want to explain your symptoms or limitations of function which make it impossible for you to perform work 8 hours per day, 5 days per week on a continual basis.  So, you are going to talk about knee pain, back pain, chronic headaches, fatigue, weakness....etc.  The following are NEVER reasons not to work:

• I can't find a job
• Nobody will hire me because......(whatever reason)
• I can't live on minimum wage
• They tell me I'd just be a liability to the company...

5.  Never answer a question you don't understand.  The tendency is to make up an answer just to keep things moving.  But if you do this, it will hurt (maybe kill) your case.  If you don't understand the question, ask that it be explained before you try to answer. 

6.  Understand that the requirements of a job may be asked two very different ways:

A.  How did you perform this job back in the day when you were working?  How much bending, lifting, standing or walking did your job require--back when you were working full-time.  In other words, what were the demands of that job when you did it?

B.  A very different question:  How much do you think you can lift, bend, walk, etc. now (now that you are disabled).  Key word:  NOW.  Note:  This question may not be clear.  Here's where to get the question clarified before you answer it.
________________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806

CALL US:  (256) 799-0297

SOCIAL SECURITY JUSTICE STARTS HERE