FACT CHECKER: DISABILITY JUDGES ARE EXPERTS AT FACT CHECKING

Keep in mind that disability judges see and read all your records before the hearing.  If it is in the record, they know about it.

That brings me to say, "Always be truthful in your answers."  Exaggeration and outright misstatement of fact will get you denied quicker than anything else.

I've been doing disability hearings for years and there are two general mistakes I see claimant's make:

1.  They exaggerate the severity of their symptoms. This nearly always come back to bite and often gets the case denied because the judge can't take their statements as credible.

For example:  "I have level 10 pain every minute of every hour, every single day." It just sounds unreasonable.  Or, a claimant says, "I can't walk, lift, bend, sit, stoop; I can't shop, cook, wash dishes...I can't do anything."  It sounds unreasonable.

2.  The opposite problem is minimizing or under-stating symptoms.  Here's a good example:  Judge:  What's the maximum weight you think you can lift?  Claimant:  Oh, about 50 pounds.

The ability to lift and carry 50 pounds, taken in and of itself, means the claimant can sustain medium exertion work.  There are millions of jobs in the US economy at the medium exertion level.  A claimant who can perform medium exertion jobs has no chance chance at all of getting a disability benefit.

Here's the problem.  Maybe you can lift 50 pounds once.  There are no jobs that require lifting 50 pounds once.  Jobs require frequent, or at least occasional repetitive lifting day in, day out.  A better way to ask the question:  "If you had to lift a certain amount of weight day in and day out on your job, 8 hours a day, 5 days a week--how many pounds do you think you could lift?"  

Problem is, judges don't ask the question that way.  However, that's what the regulations say.  So, the 50 pound answer may not be true at all.

I always advise claimants to be truthful in their testimony.  Hopefully, they have given some thought to their functional limitations before they walk into the hearing.  They should know that they will be asked about.....

• How long you can sit (minutes)?
• How long you can stand (minutes)?
• How far can you walk (feet or yards)?
• how much can you lif (repeatedly)?
•  What daily activities can you do/not do?
• Driving?
• Shopping?
• Meal preparation, laundry, housework?
• Hobbies?  Computer games?  Facebook?

Forethought should focus on avoiding exaggeration and minimizing.  The goal is a truthful, reasonable and accurate response to these types of questions.

SOCIAL SECURITY JUSTICE 

(256) 799-0297

DISABILITY HEARINGS - TRICK QUESTIONS YOU MAY ENCOUNTER

You may get some "trick questions" from the judge during your Social Security hearing.  He or she is probing to see if  you are being truthful.  If so, the judge will find that you have "credibility."  If not, the judge will likely find that your testimony is only "partly credible."  This can make the difference between an award and a denial, especially if the medical evidence is shaky.

What are some of the trick questions?  These are questions the judge already knows the answers to.  Questions are being asked to see whether you will tell the truth or not.  Here are some examples:

1)  DO YOU SMOKE CIGARETTES?  If you do, your doctor has noted it frequently in your medical record. The judge knows. Best advice:  Answer truthfully, as always.  Don't say you've quit unless you haven't smoked a single cigarette in at least 6 months. It makes no difference to the claim, one way or the other.  It's a credibility checkup or "Can I believe you?" question.

2)  HAVE YOU EVER BEEN ARRESTED?  Arrests are normally public record, and certainly judges can find out if they want to.  If you were arrested for DUI 5 years ago, for example, own up to it and show the judge you will tell the truth.  Same thing for shoplifting or marijuana use when you were a teenager (or more recently).

3)  DO YOU TAKE CARE OF CHILDREN?  If you have young children and are home alone with them part of the time, it will be difficult to make a judge believe that you don't provide a certain amount of care for them. An answer like, "I'm not able to look after my children," will raise suspicion.  Who does care for them?  If they are young, someone has to.

4)  WHAT IS YOUR PAIN LEVEL ON A SCALE OF 0 TO 10?  Many people will say "10 or close to 10 most of the time."  The truth is, people with a pain level that high would probably be in the ER or on a morphine drip.  Reevaluate your answer so that it sounds more reasonable.

5)  WHERE DID YOU GO ON VACATION LAST YEAR?  The judge may be checking on your testimony about sitting or driving.  If you testified that you can't sit for more than 15 minutes at a time, and later you testify that you took a car trip to the Grand Canyon last year, your credibility may come into question?  Questions get asked in several ways to see if there is consistency.

6)  HOW FAR CAN YOU WALK?  If you exaggerate and say "Not more than 15 feet," the judge will think:  "It's a lot further than 15 feet from here to the parking lot.  Did someone push you in here in a wheelchair?"  Again, this answer may fail the reasonable test.  Exaggeration can kill a claim, even if the claimant doesn't realize he is exaggerating.  

How do you  maintain credibility when you are asked these types of questions?

* Always tell the truth instead of telling the judge what you think will help your case.  Honesty helps your case.  Judges can't be duped.  They've heard it all before.

* Never answer a question you don't understand.  Ask for clarification. Don't guess.  If you are not sure, say "I'm not sure" or "I don't remember."

* Avoid words like NEVER or ALWAYS.  Very few things never happen and very few things always happen.  There is usually an exception or two, and these will trap you.  Be careful with statements like, "I never drive, I never skip my medication, I never stand more than 10 minutes, or I never lift as much as 10 pounds."

BASICS CAN WIN A DISABILITY CLAIM

Unfortunately, almost 3 out of 4 Social Security disability claims get denied at the initial application level.  There must be a reason for this high denial rate. 

One of the reasons for denials is an incomplete application.  If you submit an application online, that's just the beginning.  The state agency that will decide your eligibility will mail you 3 or 4 sets of additional forms.  These forms must also be completed and mailed back.  Failure to do so will absolutely harm your chance of approval.  Without your information, Social Security will make a decision based on what they have and this is often a denial.

Inaccurate information is another cause of denial.  A good example is the Function Report, one of those forms that will come in the mail after you file online or in the Social Security office.  The Function Report will ask about your ability to perform routine daily activities. I see questions on this form answered with "OK," or "NA," or just left blank.  This leads decision makers to believe that you have no real limitations in your daily activities, so they assume you are not disabled.

The Work History Report is another example.  Many claimants simply write down the names of all the places they have worked.  Nothing else.  They don't describe the work they did, the wages they earned, how much they lifted on the job, or how much standing and walking they did.  This leaves Social Security free to assume that you performed the job "by the book," that is, by the standards in the Dictionary of Occupational Titles.  This is often a problem.

Sometimes, even medical records are not complete.  I have seen claimants omit the names and addresses of doctors who have treated them for years.  Some claimants assume that since Social Security is "the government," they know everything and somehow they can conjure up medical records.  They can't.  They will only order the medical records you tell them about.  If you don't list Dr. Goody on your application, then Dr. Goody's records don't get reviewed.  This may get you denied.  A denial will often take 2 to 3 years to correct in the appeal process.

I could go on and on....  There are so many mistakes that can be made in a Social Security disability application....

Many attorneys tell new claimants, "Go ahead and fill out the application, and call me if you get denied."  While I appreciate that attorneys don't want to spend hours filling out all those forms, I also know that a poorly prepared application is just asking for a denial.  If we accept your case for representation, we will personally sit down with you and help you complete all the required forms.  I think this makes a big difference.  And we don't charge a dime more than the guys who tell you to fill everything out for yourself.

Save time and money (your money)!  Get professional help in preparing our initial SSDI application.  It will not cost you a penny more but may make a big difference.

THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE - WEBSITE 

 

 

SOCIAL SECURITY DISABIITY: DON'T DARE CALL IT 'WELFARE'

Let me be blount:  Social Security disability is not welfare.  

There are all kind of infantile articles floating around the web:  "Social Security, the New Welfare" and "Social Security, America's Secret Welfare Program."

Being blount again, this is crap.

Here are 4 reasons why Social Security disability is NOT, and never has been, welfare:

 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned.

2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice.

3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become disabled, money comes out of the trust fund to pay your benefit.  This is the same principle used by large insurance companies to offer benefits to their policyholders.  When you get an SSDI benefit check, you are not spending government tax money.

4)  You don't have to be poor or needy to get SSDI benefits because you worked for them and paid for them. There's no need to show low income, poverty or financial need to an SSDI benefit. If you meet the conditions of the contract the US Government forced upon you when you went to work, the benefits are yours--paid for and financed by you and your employer. 

Why do I object to misinformed people who refer to Social Security as "welfare"?  Because they slander the disabled individuals who purchased insurance against the eventuality of become disabled--just because they now dare to try to collect on that insurance, insurance they have been paying for most of their lives. They make it sound like these honest, hard working people are trying to get something for nothing.  They may be trying to get something--but it sure isn't for nothing. Social Security applicants and beneficiaries should not have to feel ashamed or embarrassed for trying to collect on a Government insurance program they were forced to enroll in and pay for their entire working lives.  It is not welfare.  Stop calling it that!

GOVERNMENT DISABILITY BENEFITS: DEFINITELY NOT WELFARE

It's unfortunate that so many people view Social Security disability benefits as a type of welfare.  They are not.

Social Security disability benefits are insurance benefits financed by payroll deductions from every worker's earnings.

Here are the top 3 facts proving that Social Security disability (SSDI) benefits are definitely not welfare:
 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It probably came out of every paycheck you earned during your whole working life.  You paid about 7.5% and your employer matched that amount.  That's about 15% of your wages, a lot of money.  This money went into the Social Security disability trust fund.

2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice.

3)  Social Security benefits are NOT paid for out of the general US Treasury.  When you become disabled, money comes out of the disability trust fund to pay your benefit.  You paid this money into the trust fund out of every paycheck you earned. This is the same principle used by large insurance companies to offer benefits to their policyholders.  When you get an SSDI benefit check, you are not spending government tax money.  Disability benefits do not increase the national debt and do not result in higher taxes.

If you bought a disability insurance policy from State Farm and paid for it for 30 years, then became disabled, would you consider their payments to be "welfare"?  Of course not.   

If you need to file for Social Security disability, you should never feel like a charity case or that you are asking or a handout.  You are only asking the Government to make good on the insurance contract they forced you to purchase when you reported for work at your first job!  Nothing more, nothing less.