SOCIAL SECURITY COURT: WHAT THE JUDGE DOES NOT WANT TO HEAR

If your Social Security disability application has been denied twice (at two stages) your next appeal will take you before an Administrative Law Judge for a hearing.

You will be asked a lot of questions at the hearing and you will be given an opportunity to answer and explain.

However, there are some things the judge doesn't want to hear. In fact, bringing up these things may only irritate the judge and hurt your chance of a favorable decision. Lets look at a few of them:

Stating your opinion of your disability or condition:

I think I should be entitled to full disability.
I believe I have cancer but the doctor hasn't checked it.
My doctor says I need to take this medicine but I don't think it helps.

2. Commenting on other people's disability :

I know people on disability who aren't nearly as sick as I am.
My uncle got on disability and it took him no time at all.
My neighbor told me that he got on disability in just 3 weeks.

3. Telling the judge how bad your finances are or how much you need the benefits:

I just don't know what I'm going to do if I don't get my benefits soon.
My finances are gone; I'm living on what's left of my 401K now.
If my parent's didn't help me pay bills, I wouldn't be able to make it.

4. Talking about how much money you used to make when you could work:

If I could still work I wouldn't need disability benefits.
At my last job I made $40 an hour, a lot more than disability pays.

5. Talking about anything the judge or your lawyer hasn't asked about:

I was a basketball player in high school; I never thought I'd be like this.
We live 20 miles from town and it's hard for me to get to the doctor regularly.
I used to drink a lot but I gave it up 15 years ago and haven't touched a drop since.

6. Admitting you can still perform some type of work:

I guess there are a few jobs I could do but nobody will hire me.
I've tried to find work but no employer will take a chance on me.

7. Saying that you quit working for any reason besides a disability:

I stopped working because my boss was a jerk and nobody got along with him.
My wife got really sick and I had to quit working to take care of her.
The only kind of work I know is ----- but there are none of those jobs now.

It's always good advice to listen carefully to the questions your are asked. Then, silently ask yourself: "What is the question?" Then, answer the question you were asked directly and accurately. Avoid volunteering more information than you were asked for.

A few final suggestions for testifying in Social Security court:

* Never answer a question you don't understand; ask for it to be clarified.

* Use words/terms that have defined meanings: minutes, hours, times per day, pounds, etc.

SAY: "I can stand for about 20 to 30 minutes, then I have to sit down."

NOT: "I can't stand very long before I have to sit down."

Using an attorney, such as one from The Forsythe Firm, may help you understand the rules and procedures of Social Security hearings and give you an advantage for a favorable ruling. The General Accountability Office (GAO) estimates that you are 2.9 times more likely to be approved if you are represented by a lawyer of qualified advocate. Considering Social Security's dismal approval rates, that's a huge advantage.

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No. Getting a new attorney will NOT delay your pending Social Security disability claim or appeal . Your new attorney "inherits" the case and picks up where the other attorney left off. There is no re-filing or starting over, so your case is not set back or delayed at all. Social Security maintains an electronic folder stored in its system. This folder contains every document ever submitted concerning your claim or appeal. Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary. You may need a new lawyer if your attorney dies, retires or becomes disabled before your case is settled. You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration. The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek. Here is part of Director Dudek's message on Social Security for 2025: Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution. ...

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities, and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report – Social Security will ma...

DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Search This Blog