PROTECT YOUR CREDIBIITY AT YOUR HEARING

Most of the time claimants who run into trouble at a Social Security hearing do so because they violate two important rules:

1)  They don't understand the question before they try to answer it, or

2)  They don't tell the complete truth.

There's a lot of pressure at a disability hearing.  Your check is riding on the outcome.  You are not accustomed to appearing before judges and "people in suits and ties," as one of my clients recently said.  You are naturally nervous. 

So, it's extremely important to understand each question before you try to answer it.  Does the question refer to how much lifting was required on your previous job--or how much you can lift now?  Very different answers.  Is the question about hobbies you used to enjoy before becoming disabled, or hobbies you still can participate in now?  Very different answers.

If there is any doubt about the meaning of a question, don't try to answer it.  Ask for the question to be repeated or clarified so it makes sense to you.  Judges will be happy to repeat or explain a question if you ask them to.

Now, about the other thing that can cause trouble for you in a hearing:  being less than honest.  Exxaggeration would fall into this category.  Trying to avoid some admission that you find embarrassing or that you feel might hurt you case falls into this category.

Do you smoke?  In 99 cases out of 100, smoking is immaterial to a disability claim.  It simply doesn't make any difference if you smoke.  The problem comes when a claimant says, "No, I don't smoke" when he actually does.  Or, she says, "I used to smoke but I quit," when she really still smokes regularly.  And in 99 cases out of 100, the judge already knows the answer to this question before he asks it.  He has read it in the medical file.  I am reading a file right now where the doctor mentions "active smoker - 1 pack per day" at least 40 times. And the doctor has noted "smoking cessation counseling" 10 or 15 times. The judge sees this, too, and expects an honest answer.

"Do you drive?" the judge may ask.  "How often do you drive?"  The claimant may exaggerate and say, "I don't drive more than once a month, and I never drive more than 5 miles from home.  I stay right close to home."  Chances are, if this isn't true, the judge knows that it isn't true.  He may have seen where you have taken a vacation or trip which required driving a much longer distance.  By not telling the truth, you have voided your credibility, which is the most precious commodity you brought into the hearing.  So, again, the truth is always the best answer.

If an answer just seems too unusual to be believed, it probably won't be.  That's why I caution clients not to rate their pain as a constant 10 on the 0-to-10 scale.  Frankly, it's hard to make a judge believe that you suffer 10/10 pain most of the time.  It's just difficult to believe and will usually be seen as an exaggeration.  Also, any such claim will be compared to what's in the doctor's records.  If the doctor isn't rating the pain at a constant 10 level, it will not be taken seriously.

E-Mail Me:   forsythefirm@gmail.com

Call Me:      (256) 799-0297