When Social Security denies your disability claim, you appeal, then appear at a hearing before an administrative law judge (ALJ). Here are some of the mistakes to avoid when testifying at your hearing.
1. Don't exaggerate or lie to the judge. Judges have heard it all, thousands of times. They have an uncanny way of knowing when testimony doesn't ring true. For example, don't say, "I never drive" if you really drive occasionally. The judge will always follow up with, "When was the last time you drove?"
2. Don't make statements like, "I know I can't work," or "If I could work, I'd be working now." Let the judge make his/her own conclusions about your ability to work. This conclusion will be made primarily on what is in your medical records.
3. Don't try to explain away clear evidence in your records. This often happens with alcohol or drug use, or with past criminal charges. For example, if the judge states, "You were arrested for possession of marijuana in June of 2010," don't say, "Oh, it wasn't mine. It belonged to my cousin and I got charged and convicted, but it was all my counsin's fault." This always backfires.
4. Don't fail to tell your representatve in advance if you have worked for pay, even for one day, after your alleged onset date (the date you claim to have first become disabled). Also, tell your representative if you received workers compensation, unemployment benefits or sick pay/disabiity pay from your employer. These are problems if your representative doesn't know about them and gets "ambushed" at the hearing.
5. Avoid very general answers to questions, such as "not very far, not very long, not very much, or just a little bit." For example, How far can you walk without needing to stop? A good answer would be in feet, yards or minutes; such as, "I can walk about 100 feet, then I have to stop and rest."
6. Don't criticize the Social Security system or process. Don't say, for example, "I should not even be here. Social Security should have paid my benefits a long time ago."
7. Never compare yourself to other people. For instance, avoid saying, "I know people who have nothing wrong with them who get Social Security disability benefits." Or, "I have a neighbor who is a drug addict and alcoholic and you pay him a benefit." This can only hurt your case.
8. Don't be vague about why you stopped working. The judge will always ask, "Why did you leave your last job?" If you left because you could no longer perform the work, explain that briefly and in some detail. For example, "I could no longer lift the required 20 to 30 pounds and I couldn't stand most of the workday; also, I became unable to reach above my head or grasp and hold items with my hands." Brifely explain any other limitations or problems you were having, such as, concentration, fatigue, inability to understand instructions, excessive absences due to illness or pain, etc.
9. It is a mistake to go into a disability hearing without a Medical Source Statement (MSS) from your doctor. This form is NOT the same as medical records. An MSS form will list very specific limitations that you have in terms of work related activities, such as standing/walking, sitting, lifting, bending, concentrating, etc. It can make the difference between an award and a denial. Social Security will NOT request or obtain this statement for you. It is up to you or your representative to obtain it from your doctor.
THE FORSYTHE FIRM Social Security Disability Counselors (256) 799-0297
