GIVING CREDIBLE TESTIMONY AT DISABILITY HEARINGS

When a claimant appears at a hearing on a Social Security disability appeal, his or her testimony at the hearing is crucial.  Here are the crucial issues:

Credibility - The judge must believe everything you say, whether or not it has anything to do with your case.  For example, if a claimant lies about smoking or drinking, it may not have anything material to do with disability, but credibility is lost and the judge believes nothing else that is said.

Severity of Conditions - The claimant should always speak of terms of symptoms, not medical terms.  Instead of saying, "I have degenerative disc disease in my lumbar spine," the claimant should discuss pain level, stiffness, trouble standing, sitting or bending, etc.  Specific examples can be used.  For instance, "I can't stoop without a lot of pain and I need help unloading my dryer."

Longevity of Conditions. How long have you had these severe conditions?  This will largely determine how much back pay you may receive.  You may receive disability payments for up to 12 months before you filed your application.  So, finding the correct onset date is important.  You want to show that you are disabled now, but you also want to show when you first became disabled.

Be Specific.  In your testimony, try to avoid very general phrases that have no defined meaning:  "sometimes, occasionally, pretty bad, not long, a short distance, not very far," etc.  Frame your testimony in terms of well defined words:  minutes, hours, days, weeks, feet or yards.  For example, "I get out of my house about twice a week."  Or, "I can only stand for about 20 minutes at a time." 

You should understand the kind of questions you will be answering at your disability hearing.  It is, most of all, a fact finding process.  The judge will press you to give specific facts that allow him or her to decide whether you meet the rules for a Social Security disability benefit.

THE FORSYTHE FIRM
PH (256) 799-0297