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CREDIBILITY CHECK: WHY DID THE JUDGE ASK ME THAT?

It's one of the oldest tricks in the legal profession:  ask a question you already know the answer to just to see if the responder will tell the truth.  Social Security judges know this trick as well as anyone.

Here are some examples:

"Do you smoke cigarettes?"  If you do, it's all over our medical records.  Your doctor has charted it 100 times and the judge has read it 100 times.  And it probably doesn't matter one way or another as to whether you are disabled.  So why ask?  Simply to see whether you will tell the truth about it.

"Do you drink?"  Nearly every medical record that I review states something like:  "denies alcohol use."  Or, "drinks once or twice a week."  Or, "Uses alcohol occasionally." So, the judge already knows the answer but asks anyway--just to see if you will be truthful.

Other "test" questions might be:
  • Have you ever been arrested?
  •  Do you help take care of the kids?
  •  Do you cook or prepare meals?
  • Have you received any unemployment benefits since _____ (your onset date)?
I advise clients to tell the truth.  Also, avoid saying "never" and "always."  There are very few times that "never" is a truthful answer.

"I never drive."  OK, when is the last time you drove?  If the answer is a month ago, that isn't "never."  A more honest answer might be, "I seldom drive."

"I always have a headache when I wake up."  This will be taken to mean that there has never been a single day that you woke up without a headache.  Maybe you mean, "I usually have a headache when I wake up." 

Contact a Disabiilty Advocate (Free Consult) 
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Note and Update:  SSR 16-03p, called "Title II and Title XVI:  Evaluation of Symptoms in Disability Claims," basically does away with the judge's need to assess the claimant's credibility.  Now, much more attention must be given to the medical records which support allegations of severe symptoms.  This will likely hurt claimants with little or weak medical evidence.  I do believe that the advice I have given in this blog about truthfulness and credibility, however, is still good advice. 6/3/17




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