STATEMENTS THAT HURT YOU AT YOUR HEARING

A disability hearing puts the claimant in front of a judge for a 45-minute fact finding session.  The judge asks a lot of questions in search of the facts in a case.  You, the claimant, will do a lot of talking.  What you say can help or hurt your case.

The first point I want to make is:  Tell the truth.  If you forget everything else in preparing for your hearing, just tell the truth.

Some other tips that will help you at the hearing:

1.  Don't Exaggerate or Downplay Symptoms

These are the two extremes to avoid.  You must sound reasonable. The symptoms and limitations that you describe must be in line with what the judge reads in your medical records.  The judge is skilled at comparing what you say to what your medical records say.  If you describe pain at 10 on the 1-out-of-10 scale, but the doctor has noted level 5 pain in your records, you come across as exaggerating.  On the other hand, I see claimants play down their symptoms and conditions.  Don't say things like, "I have a little pain sometimes" if your doctor has you on Norco 4 times a day for pain. Balance your statements to be as accurate, real and truthful as you can.

2.  Don't be Vague About Your Symptoms or Limitations

Avoid statements like, "I have some trouble walking."  What kind of trouble?  How far can you walk before you need to stop and rest?  Don't say, "I quit work because of my back."  What about your back?  Did you have pain in your lower back that moved down into your legs after standing for 30 minutes?  If that's the case, explain it that way.  Back pain, leg pain, arm pain, headache, or dizzy spells don't give enough detail.

3.  Don't Ramble and Get off Subject

The judge expects questions to be answered very directly and explicitly.  Listen to the question carefully.  Ask yourself, "What is this judge asking?  What does he/she want to know?"  Then set about to answer the question as directly and briefly as possible.  For example, if you are asked, "Do you drive?" - start with yes, no or sometimes.  Then explain briefly.  "I do drive once or twice a week to go to the doctor or grocery store.  I don't drive much further or more often because of (specific symptoms)."  If you are asked about driving, however, don't go off on hobbies, relatives, friends, or car trouble.

4.  There Are Some Things Not to Say:

  • There are no jobs in my town or area.....
  • Nobody will hire me because....
  • I have a family member or friend who is drawing disability benefits.
  • You can't drive to work or you don't have suitable transportation.
  • You have been convicted of a crime or served jail time (unless you are asked)
  • You have failed to follow the instructions or orders given by your doctor
  • You have failed to take the medication prescribed by your doctor
  • You take someone else's prescription medicines
  • You have had problems with alcohol or drugs (unless asked)
  • You stopped working for some reason other than a medical disability
  • You'd still be working if your plant hadn't closed or you were not laid off
  • You are a hard worker and a good person
  • You are more disabled than a friend, relative, etc. and they get disability benefits

Certainly, you are going to answer questions truthfully.  However, don't make statements on your own that simply hurt your case.  The focus should be simply:  This is why I am physically and/or mentally unable to work.

Hopefully, your attorney or representative will sit down with you prior to your hearing and prepare you for testimony.  There are probably a few questions you should think about before the hearing.  These include.....

1.  How did your last job end?  Or, tell me why you stopped working back in June, 2018?

2.  Tell me why you believe you're unable to work.

3.  When is the last date you worked at any job, even if it was part-time or just for one day?

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