Your representative will ask you several questions during your Social Security disability hearing. Sometimes claimants want to know, "Why are you asking me all these questions?"
There is a simple reason why I ask questions of my claimant at a disability hearing. The claimant is sworn and able to provide testimony. I am not. I cannot give testimony about pain levels, trouble walking or bending, or the ability to follow instructions, for example. But he or she can give that testimony. Therefore, I ask questions that give the claimant an opportunity to enter testimony into the record that I believe will help their case and get them a fair decision.
For example, I recently asked a client during her hearing, "Do you experience difficulty finishing things that you start?" I knew the answer to that question because I had read her file. But I wanted her, the claimant, to testify that her concentration was less than it should be. If I ask a claimant this question, "How long can you stand at one time before pain becomes so severe that you need to sit down?" - it is because I want that answer to go into the hearing record as testimony. There are two good reasons why I want that testimony on the record:
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Don't go it alone if you have a Social Security disability hearing in your future. You can appoint representation at any time in the process. Good representation increases your chances of winning your case and also your odds of getting thousands of dollars in back pay. A representative cannot charge you a fee unless you win and are awarded back pay. The amount of the fee will depend on the amount of the back pay.
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW
Huntsville, AL 35806
(256) 799-0297 Learn more about how we can help win your case.
Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits. To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court. More about NOSSCR
There is a simple reason why I ask questions of my claimant at a disability hearing. The claimant is sworn and able to provide testimony. I am not. I cannot give testimony about pain levels, trouble walking or bending, or the ability to follow instructions, for example. But he or she can give that testimony. Therefore, I ask questions that give the claimant an opportunity to enter testimony into the record that I believe will help their case and get them a fair decision.
For example, I recently asked a client during her hearing, "Do you experience difficulty finishing things that you start?" I knew the answer to that question because I had read her file. But I wanted her, the claimant, to testify that her concentration was less than it should be. If I ask a claimant this question, "How long can you stand at one time before pain becomes so severe that you need to sit down?" - it is because I want that answer to go into the hearing record as testimony. There are two good reasons why I want that testimony on the record:
- The judge will consider the claimant's answers as he formulates hypothetical questions for the vocational expert (which, in turn, guide the decision about disability).
- The judge should also consider the claimant's answers (testimony) as he/she makes a decision on the case.
______________________________
Don't go it alone if you have a Social Security disability hearing in your future. You can appoint representation at any time in the process. Good representation increases your chances of winning your case and also your odds of getting thousands of dollars in back pay. A representative cannot charge you a fee unless you win and are awarded back pay. The amount of the fee will depend on the amount of the back pay.
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW
Huntsville, AL 35806
(256) 799-0297 Learn more about how we can help win your case.
Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits. To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court. More about NOSSCR
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