WHAT YOU WILL BE ASKED AT YOUR HEARING
A Social Security appeal hearing lasts about 45 minutes. It is your absolutely best chance to get approved and paid. No step in the process, before or after the hearing, gives you as good a chance. So, it is important to prepare for the hearing and to know what to expect before you get there.
I spend one to two hours with each of my clients prior to going to the hearing. We sit down in my office and go over the case. What is relevant, what is irrelevant? What should we focus on? How should questions be answered? Are there traps to avoid?
Below, I am giving a few of the common and relevant things that you will be asked by an administrative law judge (ALJ). This, of course, is not a complete list of questions.
1. When did you last work? The judge wants to know the most recent day you completed a day of work for pay, no matter how little the pay was. If you worked 1 day, they want to know. This is a Step 1 question, which means it must be determined before the hearing can move forward. You need to know this date.
2. Why Did You Stop Working? This question can be worded various ways. "Tell me how your last job ended?" is a variation. The judge wants to know how your health-related conditions forced you to become unable to work.
3. Of All the Things That Are Wrong With You, What is the Number One Thing That Makes You Unable to Work?
The ALJ is asking you to prioritize things. You may have six or seven health problems, some worse than others. What is the main thing that keeps you from working? Think about this before you are asked the question.
4. Explain What You Do Around Your House Each Day?
The judge wants to know about driving, shopping, cleaning, cooking, bathing, visiting, watching TV, playing video games, talking on the phone, doing housework or yard work, etc. Have you taken any out-of-town vacations in the last year or two? Who do you talk to on the phone? How often?
5. Can You Do Simple Arthmetic and Make Change?
Can you handle money? Would you be capable of working as a cashier at a convenience store or other jobs that required the ability to make change and do simple addition and subtraction? This is not about whether you can sit, stand or persist long enough to work. It is just about your mental ability to count, add, subtract and make change. If you cannot, be prepared to explain why not.
6. Who Lives At Your House Besides You?
The ALJ wants to know about your family dynamic. Are there children in the home? Does your spouse work? Who prepares the meals? Who takes care of the children? Is there an elderly or sick person in the household who needs your care? (Could this be a reason you are not working)?
7. After You Stopped Working on (date), Did You Look for Any Other Work?
The real question is: Did you really believe you were unable to work? Did you just lose your job and have trouble finding work, so you filed for disability as an easy way out? If you looked for other work, perhaps you felt you were not really disabled. Think about your answer to this question carefully. Why didn't you look for other work? Was it because you felt you couldn't work?
8. Do You Drive? What Type of Vehicle Do You Have?
Do you drive an automatic transmission or a straight clutch? Where do you go regularly? How often and how far do you drive? (This is not about whether you have transportation; it is about what you are able to do). Not having transportation has nothing to do with whether you are disabled.
9. Are You Able to Dress and Bathe Without Assistance?
10. Do You Smoke? How much?
Smoking usually has nothing to do with a disability claim. The exception would be if you claim disability due to a respiratory ailment such as asthma, COPD or emphysema in which smoking may cause or aggravate the illness. In most cases, this is not the case. So why the question? It's a truth test! The ALJ wants to know if you will tell the truth or lie. Simple as that. If you smoke, you should look the judge straight in the eye and say, "Yes, I do." Believe me, the judge already knows the answer because he/she has read your medical record and your doctor has noted 15 times whether or not you smoke. It's on practically every page of your record. You can't hide it. If you try, you may lose your case.
11. Drugs, Drinking and Substance Abuse Questions
If there is no history of drug abuse or alcohol abuse in your medical history, you probably won't be asked about this. However, if there is some history--even long ago--the ALJ may ask when's the last time you used an illegal or "street drug." You may be asked if you drink and, if so, how much? Be careful to be truthful. Just because there has been past substance abuse doesn't necessarily mean you will be denied. In some cases, even current substance abuse is not enough to deny a claim. But dishonesty will always hurt you and lose your credibility. In this area, also, be truthful.
__________
THE FORSYTHE FIRM
Social Security Disabiity Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL US: forsythefirm@gmail.com
Free Consultations We Never Charge a Fee Unless You Win
I spend one to two hours with each of my clients prior to going to the hearing. We sit down in my office and go over the case. What is relevant, what is irrelevant? What should we focus on? How should questions be answered? Are there traps to avoid?
Below, I am giving a few of the common and relevant things that you will be asked by an administrative law judge (ALJ). This, of course, is not a complete list of questions.
1. When did you last work? The judge wants to know the most recent day you completed a day of work for pay, no matter how little the pay was. If you worked 1 day, they want to know. This is a Step 1 question, which means it must be determined before the hearing can move forward. You need to know this date.
2. Why Did You Stop Working? This question can be worded various ways. "Tell me how your last job ended?" is a variation. The judge wants to know how your health-related conditions forced you to become unable to work.
3. Of All the Things That Are Wrong With You, What is the Number One Thing That Makes You Unable to Work?
The ALJ is asking you to prioritize things. You may have six or seven health problems, some worse than others. What is the main thing that keeps you from working? Think about this before you are asked the question.
4. Explain What You Do Around Your House Each Day?
The judge wants to know about driving, shopping, cleaning, cooking, bathing, visiting, watching TV, playing video games, talking on the phone, doing housework or yard work, etc. Have you taken any out-of-town vacations in the last year or two? Who do you talk to on the phone? How often?
5. Can You Do Simple Arthmetic and Make Change?
Can you handle money? Would you be capable of working as a cashier at a convenience store or other jobs that required the ability to make change and do simple addition and subtraction? This is not about whether you can sit, stand or persist long enough to work. It is just about your mental ability to count, add, subtract and make change. If you cannot, be prepared to explain why not.
6. Who Lives At Your House Besides You?
The ALJ wants to know about your family dynamic. Are there children in the home? Does your spouse work? Who prepares the meals? Who takes care of the children? Is there an elderly or sick person in the household who needs your care? (Could this be a reason you are not working)?
7. After You Stopped Working on (date), Did You Look for Any Other Work?
The real question is: Did you really believe you were unable to work? Did you just lose your job and have trouble finding work, so you filed for disability as an easy way out? If you looked for other work, perhaps you felt you were not really disabled. Think about your answer to this question carefully. Why didn't you look for other work? Was it because you felt you couldn't work?
8. Do You Drive? What Type of Vehicle Do You Have?
Do you drive an automatic transmission or a straight clutch? Where do you go regularly? How often and how far do you drive? (This is not about whether you have transportation; it is about what you are able to do). Not having transportation has nothing to do with whether you are disabled.
9. Are You Able to Dress and Bathe Without Assistance?
10. Do You Smoke? How much?
Smoking usually has nothing to do with a disability claim. The exception would be if you claim disability due to a respiratory ailment such as asthma, COPD or emphysema in which smoking may cause or aggravate the illness. In most cases, this is not the case. So why the question? It's a truth test! The ALJ wants to know if you will tell the truth or lie. Simple as that. If you smoke, you should look the judge straight in the eye and say, "Yes, I do." Believe me, the judge already knows the answer because he/she has read your medical record and your doctor has noted 15 times whether or not you smoke. It's on practically every page of your record. You can't hide it. If you try, you may lose your case.
11. Drugs, Drinking and Substance Abuse Questions
If there is no history of drug abuse or alcohol abuse in your medical history, you probably won't be asked about this. However, if there is some history--even long ago--the ALJ may ask when's the last time you used an illegal or "street drug." You may be asked if you drink and, if so, how much? Be careful to be truthful. Just because there has been past substance abuse doesn't necessarily mean you will be denied. In some cases, even current substance abuse is not enough to deny a claim. But dishonesty will always hurt you and lose your credibility. In this area, also, be truthful.
__________
THE FORSYTHE FIRM
Social Security Disabiity Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL US: forsythefirm@gmail.com
Free Consultations We Never Charge a Fee Unless You Win
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