TRICK QUESTIONS AT SOCIAL SECURITY HEARINGS

I'm not sure the judge thinks of them as trick questions.  But they can sure trick you up and lead you down the wrong path.  These questions can hurt your chance of being approved for disability benefits.  There are dozens of them but let me share a few of the common questions.

QUESTION 1:  "Why did you stop working?"  Or, "How did your last job end?"

If you can't honestly answer, "I became unable to do my work," you are not a good candidate for Social Security disability.  Remember that SSDI is a disability program.  It pays for disability and nothing else.  It does not pay for getting laid off, being unable to find work, plant closings or leaving the job for any reason besides disability.

QUESTION 2:  "After you left your job at (Employer), did you look for any other work?"  The real question is, did you feel you were able to perform some other work?  If so, it's natural that you looked for work.  This may indicate that at least you felt that you were able to work.  Of course, it may also indicate that you were desperate for income and needed to work.  Many disabled people engage in wishful thinking, not yet ready to admit that they are unable to work.  So, they look for work that they couldn't sustain, even if they found it. 

QUESTION 3:  "If you had a job that did not require much standing or walking, did not require much lifting or stooping, and involved performing only simple tasks, do you think you could do that kind of work?"

This question makes the job sound easy enough.  Keep in mind, however, that Social Security's definition of "work" is 8 hours per day, 5 days per week, "on a regular and continual basis."  If there would be two or more days per week that your symptoms would make you unable to report to work, you are technically disabled under Social Security rules.  Also, the above hypothetical job fails to take into account any non-exertional limitations--such as poor memory, inability to understand, remember or carry out simple instructions--or to concentrate up to two hours at a time and for an 8-hour day. It also does not address any special accommodations you would need from your employer--extra or longer breaks, a highly structured work environment--or others. So, you need to analyze this question carefully before answering it.

I always advise my clients to testify honestly and truthfully.  It is, therefore, necessary to understand the questions and how they are framed before answering. Never be reluctant to ask that a question be explained or clarified before you attempt to answer.
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
Phone:  (256) 799-0297