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 

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