Skip to main content

COMMON SENSE TIPS FOR YOUR DISABILITY HEARING

A Social Security disability hearing is not a trial and it is not a "court."  It is an administrative hearing before the US Social Security Administration.  It will last about 45 minutes.  Here are some common sense tips that may help you at your hearing.

  1. Arrive 1 hour early.  Meet your representative 1 hour before your hearing.  There are often things to sign and things to discuss.  Never arrive "barely in time."
  2. Bring your photo ID, which is required to get in.
  3. Dress clean but casual.  Don't dress up too much.
  4. Bring a list of your medications unless you have already provided it to your representative.
  5. Try to be calm.  When you are calm you can think more clearly and answer questions more clearly.
  6. Never bring a "prop" such as a cane, brace, crutches, etc. unless you really need them and use them regularly.  Judges see this as dishonesty and they hate it.  The judge's first question will be, "Which doctor prescribed that?"
  7. Before the hearing, think about the specific symptoms that make you unable to work an 8-hour day on a regular basis: 
    • Difficulty standing or walking?  How long can you stand/walk without severe pain?
    • Difficulty sitting in one place for a long time?  How long are you able to sit?
    • Does pain interfere with your ability to concentrate or pay attention?
    • Do you need to keep your feet elevated because of swelling?
    • Are you bothered by persistent anxiety or depression?  Be prepared to describe how you feel.
    • Be prepared to explain how you spend an average day at your house.  What do you do?
    • Think about things you once were able to do but can no longer do:  driving, cooking, taking walks, playing with the children or grandchildren, hobbies, etc.
Here are a few things I always instruct my clients to remember during the hearing:

1)  Always tell the truth.  It builds credibility and prevents disasters.

2)  Never answer a question you don't understand.  Ask that it be clarified or explained.  Don't guess at it or make up an answer.

3)  Use specific terms to answer questions concerning how long, how much, how often, how many....anything with the word "how..."

Example:  Don't say "I can't stand very long."  Say, "I can't stand more than about ___ minutes."  Avoid, "I don't drive very much any more."  Say, "I probably only drive about ___ times a week, or ___ times a month."  Words like sometimes, occasionally, a little bit, not much, a whole lot, not very far...have no definite meaning and can mean different things to different people. 

NEED MORE HELP? CONTACT A DISABIILTY ADVOCATE 

  1.  

Comments

Post a Comment

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare f...
5 comments
Read more

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau...
Post a Comment
Read more

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  Th...
4 comments
Read more