What You Shouldn’t Say During a Social Security Disability Hearing
If you cannot work because of a disabling medical condition, you may be eligible for Social Security Disability (SSD) benefits. As part of the process for accessing SSD benefits, you may be required to attend a hearing before a judge. A Social Security Disability hearing allows you to demonstrate to the administrative law judge (ALJ) how your condition affects your daily life and ability to work. While these hearings are a bit more relaxed than a courtroom trial, they can be nerve-wracking, and you may feel anxious. This can lead to saying things that could potentially hurt your case. This article discusses what you should not say at the hearing to ensure you give your case the best shot.
“I Can’t Find a Job”
This is one of the biggest mistakes. Saying things like “No one will hire me” or “I can’t find a job” may sound like your issue is finding employment and not disability. SSD is meant for people who cannot work due to a medical condition, not those who want to work but cannot land a job. If asked why you’re not working, focus on how your symptoms stop you from doing the job you used to do.
“I’m Not Getting Any Treatment”
If you’re not receiving treatment for your condition, the judge may question how serious it is. Remember that medical records are the backbone of an SSD claim. Even if you stopped treatment because it didn’t help, ensure you explain why this is the case. Otherwise, it might look like you’re not trying to manage your condition at all, which can lead to a denial.
Volunteering Too Much Information
While giving the full context of your condition is essential, oversharing can hurt your case. Answer the judge’s questions directly, giving context where necessary, but avoid going off-topic. For instance, mentioning drug use yet it wasn’t brought up can shift the focus from your current disability.
“My Pain Is a 10 All the Time”
You deserve to acknowledge your pain and shouldn’t downplay it. However, avoid exaggerations. Saying that you are constantly in level 10 pain all day might raise eyebrows, especially if your medical records suggest otherwise. Be truthful about your pain, how it feels like, how often it happens, and the tasks affected by the pain. An honest account is much more powerful than an exaggerated statement.
“I Never Did That”
If the judge brings up a hobby or a trip, don’t deny it because of the fear that they might consider you too healthy. In most cases, they just want context. For instance, if you used to hike every weekend and the judge asks about your hikes, don’t deny that you used to hike. Instead, you can acknowledge that you used to do that but can’t anymore.
One-Word Answers Like “Yes. Yes. Yes.”
You may get asked things like, “Can you cook?” “ Can you clean your room?” If you answer “yes” to everything, it might look like you don’t have a disabling condition. Instead, add context. For instance, on the question about your ability to cook, you can say, “Yes, I can cook simple meals, but I need to sit down often and take breaks. This way, the judge has a clear picture of your situation.
Contact Us for Legal Help
If you have an upcoming hearing, contact our experienced London, KY Social Security Disability lawyer at Cessna & George Law Firm to help you prepare adequately and present your case.
Source:
ssa.gov/disability/amount
