What Are Some of the Biggest Hangups judges have when it comes to hearing a Social Security case? You might be surprised.
Receiving Unemployment Benefits During the Period of Alleged Disability. Most judges do not want to find a claimant has been getting unemployment benefits during the period in which he/she claims to have been disabled. First, unemployment benefits are for individuals who are able to work. So, judges often see claimants who file for disability and unemployment at the same time as dishonest. (Did you lie to the unemployment agency or did you lie to Social Security)? Second, many judges see collecting both benefits for the same time period as "double dipping."Receiving substantial income from an employer after the alleged onset of disability date. This can often be explained as sick leave pay, disability insurance payments or similar legitimate payments, which are not a problem. But if wages have continued to be paid after the "alleged onset date," and those wages are above "substantial gainful activity" level, judges will question the source and reason for those payments. (Substantial Gainful Activity in 2014 is earning at least $1,070 per month; key word is "earning," because annuities, pensions, investment income, etc. are not "earnings" and do not count against you).
Contradictions by the Claimant. Judges are trained to spot contradictions in testimony. If your application for benefits says one thing and you testify differently at your hearing, you may lose your creditability (and your case). For example, if a claimant states in his application that he cannot drive an automobile, then tells the judge that he drives 2 or 3 times a week, this will come across as a contradiction. Statements made in the application should be checked for accuracy before the application is submitted. Careless mistakes can sometimes lead to what appears to be contradictions or untruthful statements. Honesty is always the best policy.
Stopping Work Because of Personal Problems, Not Health Problems. Sometimes claimants apply for disability benefits because they can't find work, got fired, were laid off, had no transportation or had to quit working to take care of a sick family member. These are not legitimate disability cases and will not be awarded Social Security disability benefits. Social Security pays disability benefits only for serious physical and/or mental conditions that make a person unable tofull-time work. Matters like not being able to find a job, getting fired, the factory closing or relocating, having to transportation....are vocational problems, not disability problems, and are not covered by Social Security disability insurance.
Exaggerations or "Little White Lies". The legal term for inventing or exaggerating symptoms to get a benefit is malingering. If a judge suspects it, he/she will usually deny the claim. It is always best to avoid making your symptoms sound worse than they are. It goes without saying that truthfulness is always best. Even if you believe you are accurately stating the severity of your pain or other symptoms, it is good advice to avoid even the appearance of exaggeration. You should not minimize actual symptoms - but be careful in the way you explain them. We see a lot of temptation for claimants to lie about such things as alcohol or past drug abuse. We always advise clients to tell the truth about such matters, always. Often a case cannot be denied because of drug or alcohol use if the claimant is honest about it. However, cases can be denied for untruthful statements by the claimant.
A Social Security disability hearing is a serious matter and should be well prepared. Attorneys and advocates go through a checklist to be certain all bases have been covered, much like a pilot goes through a checklist prior to takeoff to ensure a safe flight. Of course, there are no guarantees as to case outcomes but a well prepared case always stands a better chance.
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