Skip to main content

THINGS NOT TO SAY - IN A SOCIAL SECURITY DISABILITY HEARING

Social Security hearings are held by US Administrative Law Judges (ALJs).  The judge will question the claimant extensively to find facts about the alleged impairments and activities.  The first rule is to be honest with the judge. The second rule is to be consistent.  Don't say, "I can only sit for about 30 minutes," and later say, "I play video games for hours each day."

 SOME THINGS NOT TO SAY AT YOUR DISABILITY HEARING

  •  I've looked for work but nobody will hire me.
  •  I am a liability for employers.
  •  Any family members getting disability benefits or unemployment
  •  Any details about a past criminal history (unless asked).
  •  Your drug or alcohol problems - unless you are asked
  •  Lack of medical treatment or non-compliance with treatment
  •  Reasons for not working that are not related to a physical and/or mental impairment... Examples:
    • Lack of transportation
    • Caring for a sick child or family member
    • No job market in your town for the kind of work you do.
    • You would have to move to find work. 
    • Transportation issues or not able to drive.
  • Exaggerations about your pain or other symptoms.
  • I know people who are not disabled but get disability benefits.
  • Talk about anything you are not asked about by the ALJ or your attorney.

Before going into a hearing, I meet with my client and prepare him/her for what to expect.  I lay out how we will approach the case and discuss the evidence we have presented to support the case.  On hearing day my client knows generally what will happen and is prepared for it.  This personal preparation is absolutely crucial to winning a Social Security disability hearing. (I call it "winning the case before the hearing starts").

Remember, by the time you get to a hearing, your case has already been denied TWICE.  The hearing must take a new direction if you are to prevail.   My job is to make that happen.

______________________

Charles W. Forsythe, The Forsythe Firm, Huntsville, AL.  Free consultations.  No upfront fees or costs.  Courteous, personal representation by someone who cares.  (256) 503-8151.

Labels:

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more