If you're about to go to a Social Security disability hearing, be prepared to answer dozens of questions. Be aware that some of these may be "trap questions." Here are a few trap questions that I've heard during my years of Social Security disability representation.
"Can you lift your five-year old grandson?" May translate as, "You tell me you have a bad back but you can lift 60 pounds?"
"Do you still like to go fishing?" May translate as, "The claimant is well enough to fish, he's probably well enough to work."
"How is your golf score holding up these days?" May translate to: "If the claimant can play golf, don't tell me she can't bend, reach, stoop or kneel with the best of them."
Obviously, some of these questions may be valid. Just as obviously, the claimant needs to tell the truth. I advise my clients never to lie or exaggerate. I also tell them to try to give a complete and accurate picture of their limitations. For example:
"I've always enjoyed fishing. Unfortunately, my health doesn't permit me to fish as much as I would like."
"I do have a five-year old grandson but I'm aware of my limitations, so I don't try to lift him. I sit on the couch and let him come to me."
Truthfulness is a two way street. We want to be fully truthful at our hearings. We also want to provide answers that give a complete and accurate picture of our activities of daily living and our limitations. Unfortunately, a careless answer can provide an erroneous conclusion or incomplete picture.
Do I recommend rehearsing your answers before the hearing? No. But I do believe you should be aware of the types of questions you may have to answer and think about giving a completely truthful response, not a snippet that can lead to a misconception.
"Can you lift your five-year old grandson?" May translate as, "You tell me you have a bad back but you can lift 60 pounds?"
"Do you still like to go fishing?" May translate as, "The claimant is well enough to fish, he's probably well enough to work."
"How is your golf score holding up these days?" May translate to: "If the claimant can play golf, don't tell me she can't bend, reach, stoop or kneel with the best of them."
Obviously, some of these questions may be valid. Just as obviously, the claimant needs to tell the truth. I advise my clients never to lie or exaggerate. I also tell them to try to give a complete and accurate picture of their limitations. For example:
"I've always enjoyed fishing. Unfortunately, my health doesn't permit me to fish as much as I would like."
"I do have a five-year old grandson but I'm aware of my limitations, so I don't try to lift him. I sit on the couch and let him come to me."
Truthfulness is a two way street. We want to be fully truthful at our hearings. We also want to provide answers that give a complete and accurate picture of our activities of daily living and our limitations. Unfortunately, a careless answer can provide an erroneous conclusion or incomplete picture.
Do I recommend rehearsing your answers before the hearing? No. But I do believe you should be aware of the types of questions you may have to answer and think about giving a completely truthful response, not a snippet that can lead to a misconception.
Comments
Post a Comment