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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.

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