I am that little fly on the wall at a Social Security disability hearing. I'd like to give you a few examples of the problems I observed in another hearing where the claimant was unrepresented.
The judge asked, "Did you receive any unemployment benefits after your alleged onset date, which is March 13, 2011?" The claimant says, "Yes, I drew unemployment for a while after I stopped working."
The judge asks, "Were you able to work and looking for work during the time you drew unemployment benefits?" The claimant says, "No, I wasn't able to work."
The judge replies,"Then you lied to the state on your application for unemployment benefits. In order to receive unemployment benefits you have to state that you are able to work, you are looking for work and available for work--but now you tell me that was not true, that you were disabled. Which story is right?" The claimant doesn't seem to know what to say. I think he has lost a lot of credibility right at the start.
The judge asks, "About how much do you think you can lift?" The claimant thinks a moment and replys, "I can probably lift 50 or 60 pounds." The problem is that he can lift 50 or 60 pounds one time, not all day long as part of a job. But he doesn't explain that. The judge scribbles down his answer.
The judge asks, "Do you have any hobbies?" Answer, "I like to fish." Question: "When is the last time you went fishing?" Answer: "My wife and I went last weekend." The judge says, "OK," and continues to scribble.
We are only about ten minutes into the hearing. There is much more to come. Already there is enough poor testimony to deny the claim. Of course, a fly on the wall can't give advice, clarify testimony or anything like that. I am just thinking what an attorney or non-attorney advocate might do here. Here are examples of what I have seen representatives do in this type situation.
Question (by the representative) - Mr. X, you testified that like o go fishing, right? Who goes with you? Answer: My wife always goes with me. Question: Do you use a boat to fish? Answer: No, we sit on the bank and fish with a cane pole. Question: So you usually sit in a chair to fish? Answer: Yes. Are you able to load and unload your chairs and other equipment? Answer: My wife has to help me load and unload because I can't bend. Question: How long do you usually stay when you go fishing? Answer: About an hour to an hour and a half is my limit because of back pain. Question: Can you remain seated continually for an hour to an hour and a half to fish? Answer: No, I have to stand up, stretch and move around several times during that hour or so. Sitting that long is too painful.
Representative's Question: You said you drew unemployment benefits, correct? Do you believe you able work at the time you drew those benefits? Answer: No, not really, I don't think I could have worked. Question: So why did you tell the state on your application for unemployment that you were able to work and were looking for work? Answer: At the time I guess I was in denial about my condition. It was wishful thinking to hope I could work. Now, I realize that I probably could not have worked anything like a full-time job. Also, I was desperate because I did not have any income, not a cent. Unemployment was the only thing I had to help me survive.
Representative (to the judge): Your Honor, your point about unemployment is well taken. I would like to point out 3 things if I may. First, there is no Social Security regulation that prohibits a person from receiving both state unemployment benefits and Social Security disability benefits at the same time. Second, the commissioner of Social Security has stated publicly that a disability claim can take months or even years to decide and it may be decided unfavorably, resulting in no benefits being paid. He (at the time) states that a claimant cannot be expected to choose between receiving unemployment benefits and waiting for a Social Security decision that may or may not result in any benefits. Finally, a claimant's desire to work is not the same as the ability to work and this,also, has been recognized by Social Security.
I am just a silent little fly on the wall - but those are a few of the things I have seen at disabilty hearings...things that can make a lot of difference on the outcome of a case.
The judge asked, "Did you receive any unemployment benefits after your alleged onset date, which is March 13, 2011?" The claimant says, "Yes, I drew unemployment for a while after I stopped working."
The judge asks, "Were you able to work and looking for work during the time you drew unemployment benefits?" The claimant says, "No, I wasn't able to work."
The judge replies,"Then you lied to the state on your application for unemployment benefits. In order to receive unemployment benefits you have to state that you are able to work, you are looking for work and available for work--but now you tell me that was not true, that you were disabled. Which story is right?" The claimant doesn't seem to know what to say. I think he has lost a lot of credibility right at the start.
The judge asks, "About how much do you think you can lift?" The claimant thinks a moment and replys, "I can probably lift 50 or 60 pounds." The problem is that he can lift 50 or 60 pounds one time, not all day long as part of a job. But he doesn't explain that. The judge scribbles down his answer.
The judge asks, "Do you have any hobbies?" Answer, "I like to fish." Question: "When is the last time you went fishing?" Answer: "My wife and I went last weekend." The judge says, "OK," and continues to scribble.
We are only about ten minutes into the hearing. There is much more to come. Already there is enough poor testimony to deny the claim. Of course, a fly on the wall can't give advice, clarify testimony or anything like that. I am just thinking what an attorney or non-attorney advocate might do here. Here are examples of what I have seen representatives do in this type situation.
Question (by the representative) - Mr. X, you testified that like o go fishing, right? Who goes with you? Answer: My wife always goes with me. Question: Do you use a boat to fish? Answer: No, we sit on the bank and fish with a cane pole. Question: So you usually sit in a chair to fish? Answer: Yes. Are you able to load and unload your chairs and other equipment? Answer: My wife has to help me load and unload because I can't bend. Question: How long do you usually stay when you go fishing? Answer: About an hour to an hour and a half is my limit because of back pain. Question: Can you remain seated continually for an hour to an hour and a half to fish? Answer: No, I have to stand up, stretch and move around several times during that hour or so. Sitting that long is too painful.
Representative's Question: You said you drew unemployment benefits, correct? Do you believe you able work at the time you drew those benefits? Answer: No, not really, I don't think I could have worked. Question: So why did you tell the state on your application for unemployment that you were able to work and were looking for work? Answer: At the time I guess I was in denial about my condition. It was wishful thinking to hope I could work. Now, I realize that I probably could not have worked anything like a full-time job. Also, I was desperate because I did not have any income, not a cent. Unemployment was the only thing I had to help me survive.
Representative (to the judge): Your Honor, your point about unemployment is well taken. I would like to point out 3 things if I may. First, there is no Social Security regulation that prohibits a person from receiving both state unemployment benefits and Social Security disability benefits at the same time. Second, the commissioner of Social Security has stated publicly that a disability claim can take months or even years to decide and it may be decided unfavorably, resulting in no benefits being paid. He (at the time) states that a claimant cannot be expected to choose between receiving unemployment benefits and waiting for a Social Security decision that may or may not result in any benefits. Finally, a claimant's desire to work is not the same as the ability to work and this,also, has been recognized by Social Security.
I am just a silent little fly on the wall - but those are a few of the things I have seen at disabilty hearings...things that can make a lot of difference on the outcome of a case.
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