YOUR HEARING: QUESTIONS TO EXPECT

Most SSDI cases that pay off these days get approved by a judge in a hearing.  Relatively few claims get paid before a hearing and even fewer are paid during an appeal after a hearing.

Appearing before an administrative law judge (ALJ) and answering questions about your work, your medical conditions and your activities of daily living are intimidating for most folks.  I thought it might help to discuss the kinds of questions you should be prepared to answer at your hearing.  I will group my questions into some broad categories, then give examples of questions that might be asked during the hearing:

CATEGORY 1:  YOUR PAST WORK

• When is the last time you worked, even for 1 day?
• What did you do on your last job (describe duties)?
• Have you looked for other work since that job ended?

CATEGORY 1:  WHY CAN'T WORK

• What is the main reason you believe you can't work?
• Explain your pain or other symptoms.
• What medical treatment have you had for this condition?
• Are there other medical conditions that make it difficutl for you to work?  What are they?  Explain how they make you feel.

CATEGORY 2:  YOUR FUNCTIONAL LIMITATIONS

• How long can you stand at one time?
• How long can you sit at one time?  (Office chair, not recliner)
• Do you have problems walking?
• How much do you think you can lift repeatedly?
• Any difficulty using your upper or lower extremities?
• Do you have any psychological or mental limitations?
• Memory
• Concentration (how long can you pay attention?)
• Any problems getting along with other people?
• Can you usually follow oral and written instructions?

CATEGORY 3:  YOUR ACTIVITIES OF DAILY LIVING

• Who lives with you (spouse, children, etc.)?
• Can you care for personal hygiene (dressing, bathing...)?
• Are you able to cook, clean your house, cut grass...?
• If you have children, who cares for them?
• Do you go shopping by yourself?  How often?
• Where do you go on a regular basis?  (Church, out with friends, movies, shopping, etc.)?
• Do you drive?  If so, how often?
• Do you spend time with friends or family in person or on the phone?
• Do you use Facebook or use the computer? 
• Do you have hobbies?
• What kind of things do you need help with?

My Cardinal Rules for Testimony at Hearings:

1. Listen carefully to the questions and never try to answer a question you don't understand.  Ask for clarification.
2. Always, always tell the truth.  Your credibility is at stake.
3. Don't use generic words like "sometimes...occasionally...not much...a little...not often...every now and then."   Instead use words that have definite meaning:  "Once a week, 2 or 3 times a day, about 50 feet, about 15 to 20 minutes," etc.

If you are represented by an attorney or advocate, be sure you meet with him/her prior to the hearing date.  Get prepped so you know what to expect at the hearing.  Work out any problems that may come up at the hearing so there are as few surprises as possible.

Make a list of any questions you have and ask your representative about them prior to the hearing date.  Mostly, listen to your representative because he/she has attended hundreds (maybe thousands) of these hearings and knows what to expect. 

A good hearing starts with good preparation.

However, don't over-prepare.  Don't try to memorize answers.  You want your answers to be truthful, spontaneous and yours--not someone else's answers that you have rehearsed.  The goal of hearing preparation is to learn the TYPES of questions you will have to answer, not to memorize the answers.

E-Mail me:   www.forsythefirm.com

Call Me:      (256) 799-0297