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."