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SIGNS YOUR SOCIAL SECURITY DISABILITY HEARING DID NOT GO WELL

I have previously published "Signs that Your Social Security Disability Hearing Went Well."

Today, I want to discuss "Signs that your Disability Hearing Did NOT go well."

At the beginning, let me say that you never really know  whether you're going to be approved until you get the judge's notice in the mail.  However, there are some definite signs that your hearing didn't go well.

1.  The judge questioned your credibility or indicated that he/she did not believe some part of your testimony.  The judge may think you exaggerated your symptoms or that your real restrictions in activities of daily living are not as severe as you testify they are.

2.  The judge calls you on substance abuse.  For example, "The record says that you drink two cartons of beer per day; are you still drinking that much?"

3.  The judge finds substantial earned income (wages) after your alleged onset date (AOD).  For example:  You claim you had to stop working on 10/1/21 due to health impairments but you worked and earned substantial wages through 06/20/23.  Or, "You stopped working on 10/1/23 but returned to work a year ago."

4.  The judge finds material inconsistencies or contradictions in your testimony or medical record.  For example:  "You testified that you can only drive for 30 minutes without stopping for a break; however, you indicated to our doctor that you frequently drive to your daughter's house in Florida which is 7 hours away."

Or, "You testify that you cannot stay focused more than 45 minutes at a time but you also say that you play video games for 2 or 3 hours at a time."

Or my favorite:  "You tell me that you are unable to work.  However, when you applied for unemployment benefits, you certified to the state that you are able to work,  ready to work and are looking for work .  Which of these is true?"

There might be a reasonable explanation for all of these but I prefer not to defend these inconsistencies during a hearing.  They often turn out bad.

It's always better if you tell the judge the truth, the whole truth and nothing but the truth."  It's also very important that you sit down with your attorney/representative and go over your testimony before the day of the hearing.  I think this is more important than anything else that happens before you sit down with the judge.  Your attorney needs to know what you are going to say and that your testimony comes across as honest and truthful.

The best attorneys follow this advice:  NEVER ASK A QUESTION THAT YOU DON'T KNOW THE ANSWER TO.  

Or, stated another way, "Never ask a question that produces an answer you didn't want."

O

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