WHAT WILL YOU BE ASKED AT YOUR DISABILITY HEARING?

You have waited two years for your disability hearing and the court date is finally almost here.  What kind of questions will you be asked?  What should you expect?

First, be aware that the administrative law judge has a set "track" to run on.  He or she will analyze your case just as they analyze all other cases.  There will be a certain set of questions to be asked and answered.

In my experience, questions at a Social Security disability hearing fall into about 4 broad categories.  (No two hearings are exactly alike):

1.  Background Questions.  When is the last day you worked, even if it was part-time?  Judges cannot make a decision without this information, so you should know it before you go into the hearing.  Who do you live with?  How are you getting by financially?  Do you have medical insurance?

2.  Past Work Experience.  At Step 4 of the sequential evaluation process, the judge must decide whether you can return to any of the jobs you have performed in the past.  Social Security is permitted to look back only 15 years.  It will be important to describe (a) your job title, what you did all day at each of your past jobs, (b) how much you hand to stand/walk or be on your feet during an average day at work, and (c) what is the maximum weight you had to lift at each job?  This will help the vocational expert to classify each job you have held in the past 15 years.

3.  Medical Impairments/Conditions.  Why do you believe you are not able to work?  Be prepared to discuss symptoms (how you feel) more than medical terms (diagnosis).  It's fine to say that you have degenerative disc disease in your back.  But it's more important to tell how this condition affects your ability to do things, like sitting, standing, lifting, walking, pushing, pulling, lifting your arms above your shoulders, etc.  In what ways do your medical conditions render you unable to work? 

4.  Activities of Daily Living.  You will be asked what you do during a typical day at your house.  Do you drive, shop, cook, clean the house, do the laundry.  Do you have hobbies you are still able to do?  Do you help the kids with homework?  Can you bathe, shower and dress without assistance?  What kind of things do you need help with? Do you take vacations?  Where do you go?  How far can you walk without resting? Do you use Facebook or play computer games?  Do you take care of your own finances (pay the bills, keep up with the checking account, etc.)?

All of these questions are designed to give the judge an idea of how active you are, what your limitations are concerning everyday activities, and would you be able to do some kinds of work at the sedentary or light exertion levels.

One mistake you should not make is simply to answer questions "Yes" and stop, when that doesn't tell the whole tale.  Look at the following scenario and see what's wrong with it:

"Can you drive?"  Yes.
"Do you shop?"  Yes
"Do you do yard work?"  Yes.
"Do you clean your house?"  Yes.
"Do you cook?"  Yes.

What's wrong is obvious.  You give the impression that you have absolutely no problems doing all of the normal activities of daily living.  You aren't limited in any way.

You may need to explain, something like this:  "I can drive some days but on some days I can't because of my pain."  Or, "I can drive short distances but can't sit long enough to drive for more than 15 or 20 minutes."  (I am assuming that this, and all other examples used here, are truthful).

You may to say, "I can clean my house by working about 30 minutes at a time; then I have to rest a little while before I can continue."

I recently represented a client who said, "I can cook but not like I once did.  I throw some food in the microwave and my daughter keeps a check on it while I sit down.  I can't stand over a stove for an hour or two each day any more because of my low back and leg pain."   This is a good answer.

These details help the judge understand exactly what your limitations are and don't leave him thinking, "This person is doing just fine."

And let me throw in my 3 cardinal rules for testifying in court:

1)  Always, always be truthful.  Avoid exaggerations.

2)  Never, ever answer a question you don't understand.  Get it clarified first, then answer.

3)  Use words with defined meanings.  Avoid "Once in a while," "sometimes," "a little bit," and "not very often."  Specify by saying things like "About twice a week," or "Ten or fifteen minutes," or "Not more than 10 pounds." 

I always sit down with my client and talk about the hearing before it happens.  What do we expect?  What are the possible problems?  What kind of questions am I going to ask you.  What will the judge probably ask you.  Here is what's in the medical record.  These are the symptoms we need to focus on...etc.

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