How Not to Answer Questions at Disability Hearings
I spend a lot of time on my blogs and web sites telling you what you should do. This page is dedicated to the bad stuff – examples of testimony and poorly worded answers to questions.
You will be nervous when you appear at your ALJ hearing. Sometimes, the ALJ will not be very nice (although this is rare). You can reduce your stress level and avoid testimony mistakes by listening to your lawyer’s pre-hearing instructions and thinking about how you will answer the questions that every ALJ asks in almost every hearing.
A good resource – how NOT to answer the question: why can’t you work can be found on a blog published by Dallas disability attorney Stan Denman – Top Five Bad Answers to Question: Why Can’t You Work.
And now – my gallery of bad answers:
Q: What do you do during the day?
A: Not very much – I just “piddle paddle” around the house?
Q: Piddle paddle?
A: Yes, you know, piddle paddle – not much of anything.
________________________
Q: What is the heaviest weight you can lift?
A: My doctor says I can’t lift anything heavier than 10 lbs.
________________________
Q: How far can you walk?
A: Not very far. Not very far at all?
________________________
Q: How much can you lift?
A: I don’t know – I never really thought about it.
________________________
Q: On a scale of 1 to 10, with 1 being a mild headache and 10 being pain like a kidney stone, how severe is your pain?
A: My pain is at a 10 or 11 all day long.
________________________
Q: When did you stop working?
A: I don’t know. I can’t remember. Sorry, I’m not very good with dates.
________________________
Q: I see from the medical record that you have had problems with abusing substances like cocaine and prescription drugs.
A: I did have a problem with that but I stopped all of that more than 3 years ago.
Q: Well, I’m looking at a hospital admission from 14 months ago and the intake report says that you reported drug use that week and the blood work shows cocaine in your system. Are you saying that this hospital report is wrong?
A: Yes, I was clean at that time.
________________________
Q: Do you have pain in your legs?
A: Well, you know, I have pain in my legs, my hip and in my butt. And, you know, sometimes I have to take an extra pain pill when the pain gets, you know, really bad.
________________________
Q: Where do you have pain?
A: asdfljasf adfsasdf rwe09qr (impossible to understand because claimant is chewing gum)
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Comments on How Not to Answer Questions at Disability Hearings
I had my hearing this past Monday. I was initially denied SSD for my bi-polar, anxiety over a date of last insured. The judge was very kind and seemed to help me answer questions because I was like a deer in headlight (so nervous) I do have a lawyer, but the question were not what was expected. The disability psychiatrist, lawyers phychiatrist and my therapist all suported my disability. However I made two mistakes. Everybody reported that I can not drive to unfamilar places because of panic attacks. This is true my husband always brings my daughter to school in the morning, because I get dizzy. But I pick her up (the judge seemed very upset when I told him a did drive everyday to pick her up. I have ample time to rest and can drive to pick her up. Also he asked me about smoking pot. I agreed but he said late 20′s, I agreed after prompting it was around 25 (I simple didn’t remember) It wasn’t like I was a pot head. But once again was nervous. All in all I did well. Do you think the judge will consider my nervousness? I was also very depressed but thank God not manic that day.
I am a nervous wreck waiting on a decision.
I was diagnosed with Bipolar D/O a year ago. Over the course of my adult life I have seen numrous doctors with a variety specities. I was diagnosed with Chronic Depression, PMDD, hormone deficiency, PMS etc. All is documented in my medical records which speaks often of my depressed moods but nothiong about Bipolar. I have always worked, but in hindsight I always experienced difficulty with interpersonal relationaships & changed jobs often. I did not appeal the first denial. Nor the second.Finally I did appeal & am scheduled for a hearing in about 2 weeks. I plan to represent myself. I have done much research and am comfortable with the task at hand. I have been advised that a Vocation Rehab expert will be present.What is your experience with Bipolar? And what advise could you offer?
I have no lawyer no-one will take my case at first they are very willing to , but within 1-or 2 days they call and say they have decided to not take my case .
I have now been informed that at my hearing(in two wks) i will only be able to argue my last denial and only the lack of credits which has made me ineligible for disability .
I can not see how to argue my case with these restraints on my case .
When i appealed the decision i stated that due to my previous disabling injuries i have been unable to aquire the necessary credits , this is the basis for my whole case and now it will not be admissible at the hearing .
HELP ! please help !
@mia augustine: Hi, I’am also Bipolar and going through alot with SSI, I wanted to know if you got approved for disabilty? Lisa
Hi, I Have bipolar, and we are fighting with SSI, I was wondering if you got approved? Lisa@Rlopid:
Earl, you have to pay money into Social Security before the Social Security Administration will pay YOU any money.
Hi i have a friend with bipoplar tried for ssi but got denied what should he say or do to help get it ?or does bipoplar people nor qualified.
Hi, I suffered a stroke in 2005, and have found it increasingly difficult to do the things I did before. My eyes , bad before have gone to about 20/225 and even with a corrective prism, it does not help with strabiismuss in left eye. I have sever diverticulitis, and missed alot of work due to this. My problem is I cant qualify for SSI, I dont have enough work credit in the last 5 years. I am 53 and have worked most of my life. when I applied for SSDI, the worker said I would get it, but then called back a week later, and said my husband’s income was a few dollars over the limit. He makes about $1550 gross every 2 weeks. We have 2 children still in school 14 and 16 yrs, and are about to lose everything due to my health problems. Has anyone ever won an appeal of this nature? Any and all help or advice will be greatly appreciated!
where do i begin i filed claim feb 28 2009 .i went for public assistance while waiting on ssd claim.n.y otda worker told me i had to collect ui benefits if they were available to me which they were.i asked a few times and the otda worker said no problem you can collect.needl ess to say alj denied me at step one sga ui.i have since found out it is not ssa law to deny benefits based on collecting ui benefits only.again never made it to step two of 5 step hearing.i appealed case to appeals council in virginia.what are chances analyst will see i was ?strickley and only denied because of ui benefits and remand back to alj for another hearing?i also thought alj was extremely biased to my past addiction.i worked 35 years always payed my taxes and made it to work.he also said i defrauded the state by collecting meanwhile they were the ones who told me to collect.he should have gave unfavorable decision and left out all the personal comments about my history.what can i say hope case is remanded for another hearing
Can you explain what your clients should have said instead of some of the answers they gave? I especially would like to know why the answer, “My doctor told me I can’t lift more than ten pounds” is bad. Was your client supposed to test the doctor’s orders by lifting more, or was he/she supposed to leave the doctor out of the answer, or is it something else?
@karin – the issue is this. If you can’t life more than 10 lbs., then say “I can’t lift more than 10 lbs.” When you say “my doctor told me…” you are basically telling the judge that you have no idea about your own capabilities and that you are a passive participant in your treatment. Judges expect you to be fighting the idea of disability, not giving in passively to what a doctor said. As a claimant, you have to take ownership of your case.
I had a video hearing last week, I was in a car wreck in 97, my right knee was crushed and I am 46 and now ankle cashed, my knee gives out and I fall and damage my ankles, its happened at least 8 times.I told the judge I do a lot of ice packs because of swelling, I also have ddd my leg is litterally taking my back out, I was so nervous and forgot to mention, I have a freaking heat pad attached to me because I am in agony. I have NO insurance, I don’t get any type of pain meds now for 5 months, I don’t drive, its all I can do to walk some days, I am precribed crutches and a cane, I have a bladder sling, which I have incotenice problems when I was asked why I am so depressed I told the judge I am a single mother and I had to let my 14 year old son go live with my 75 year old dad, I told her I can’t go on this leg no more and nobody will do knee replacement, even if they would theres a huge chance I will never walk again, I know for a fact my next step is a wheel chair because its just too pain ful to walk anymore. If I don’t get approved I am sure I am doomed, I have not worked since 09, I had a fall one week before the hearing and went to er, I am still on crutches. I have my trailer for sale I cant pay my lot rent, I cant get low income housing without a child, I am near being homeless and having a complete nervous breakdown. It sucks to be me in this body!
@Tammy – I think of deserving cases like yours when I hear ignorant people claim that “most people on disability don’t deserve it.” Based on what you say, I would be very surprised if your judge does not approve you. I cannot think of any type of job that you could do with the limitations your describe. Best of luck to you and let me know what happens.
@jginsberg: Thank you for that! I do know of people who are drawing disability who are quite able to work and it just sickens me. I am hoping for a positive outcome. I will let you know what happens. In the meantime I have my trailer for sale and I am preparing for the absolute worst which is homelessness. My friend told me to use the PUSH METHOD! PRAY UNTIL SOMETHING HAPPENS!!!!!
am extremely tired of being denied disability< i have PSTD personality disorder, anxiety, depression, cervical damge. bulgin & degenerating neck and back discs, arthiritis on top of the neck shoulders and back area. I am filing in Federal court, but what is the first step, all others exhausted, when it got to this level the attorney i had quit on me!
I only have a small window of time to fix this, i just got letter 2wks ago but filing was a must by the 21st of this month june 2011
I am pushed into a corner, i received a letter from my attorney stating he wld no longer be able to represent me. He received a letter from the disability reveiw board, and the denied request for rehearing, the attorney mailed it to me and i want to win!! I am sick and this having no money and fighting Sociall security makes it worse when i worry about it. What is the best way to get a remand or reversal of decision?
@Gai – you need to find a lawyer who specializes in the type of appeal you are facing. I am not familiar with the term “disability review board.” Are you referring to the ODAR (Office of Disability and Review), the Appeals Council, the District Court?
Can I apply for SSI before I get my diagnosis? I know that sounds crazy but I have had symptoms of RA for the past 3 years. I just got medical insurance after being uninsured for 4 years because I have fibromyalgia. My fingers are so messed up with nodguals now I can barely use them. Some days I can’t even hold a pen to write my name. Over the last year I have been to the ER 4 or 5 times to get medication for arthritis and fibromyalgia pain. I just lost my job because I couldn’t type fast enough and they hired someone else. It was a temp job with a chance at perminate. I need to work but I don’t feel I can still do what I have done for the last 15 years. Back in 07 I did get a disability sticker for my car from my last Rhumatoligist when he got my MRI results and said I have OA on my him and lower back. I have an appointment to see him again at the end of the month. I know it takes 3 to 5 months to get a response so I wanted to get my application started but not sure if I could. Am I rushing it? Can I go ahead and apply before my results?
( I have OA on my him and lower back.) *Correction* Hip and lower back
@Jenny – yes you can apply before having a firm diagnosis. Since the decision making process can take 2+ years, I generally advise my clients to apply sooner rather than later. Note that if you are still working, SSA may not take your application. Also I advise potential clients who are collecting workers comp to discuss their SSA application with their lawyer before applying. If you would like to speak to a lawyer, I have a “case evaluation” link on this site.
I am not currently working cause I have so much pain I can barely use my hands now. Is it true that I need to get 3 doctors to diagnose me disabled?
I am a single mother of an ADHD Toddler who was born premature. Since after giving birth I’ve been suffering from Postpaturm depression. I was in a verbally abusive relationship with his father during and after the pregnancy which made it worse. My Dr has Dignosed me with depression and anxiety and im currenty on meds for it. Im currently collecting Unemplymnt and im alittle afraid that it may affect my case. I filed in the ending of May 2011 and my examiner called me couple days ago and told me that she is just waiting on themost updated medical report from my mental health clinic…I sooo nervous and been sooo stressed waiting for this response…Does this sound like good news? please I need help…I cant’ even keep a job for more than 4 to 5months if soooo long… Im tooo depressed to keep up…please guide me in the right direction….god bless:(
Im 30 years old with 2 kids and I was diagnosed with Dematomyositis, fibromyalgia, bipolar disorder, anxiety, insomnia, chronic back pain, chronic shoulder and neck pain, chronic knee pain, and I don’t even want to name my medication it’s just to much. I even admitted myself into three rivers behavioral. I have a team of doctors here in Columbia, SC a team in Charleston MUSC also in Jacksonville FL. I don’t understand when my case has yet to be approve someone Please Help!
hello I have a 5 yearold son who has neutropenia and chronic asthma/stridor and who frequently gets lung infections and since birth he awakes from his sleep with these strange breathing eposodes and I think he is being mis diagnosed ,I am wondering what the chances are he will qualify for SSI ? i HAVE APPLIED BEFOR i KNEW HE HAD NEUTROPENIA AND WAS TURNED DOWN AND DID NOT APPEAL THE CASE PLEASE HELP WITH ANY ADVISE YO CAN GIVE ME THANKS IN ADVANCE Tanisha
Im 395lbs. I have no catilage in my knees, shortness of breathe due to pulminary embolism in 2005, depression, and hypertention. Periodic ER visits but I dnt have health insurance so I cnt make regular appointments so I take over the counter meds for pain daily & watch what I eat to control my blood pressure. I have no formal diagnoses & a pending case.. do i have a chane??
I am about to have my disability reviewed and I am nervous about the paperwork. I know most cases are denied initially so I was surprised when mine was approved on the first try and even backdated over a year before my application. Some doctors say I am bipolar and some have said borderline personality (I don’t know if this is in addition to or instead of the bipolar) and psychological testing has indicated symptoms of other conditions as well. I think my primary diagnosis at the time of my approval was bipolar disorder but I honestly don’t know what my medical records say anymore. Should I just say bipolar when it asks what my disability is? My main question is regarding how to answer the question “what do you do during the day?”. I honestly don’t do much. I frequently experience nausea, headaches and dizziness, side effects from my medications, the heat or both I don’t know. When I am not feeling sick I am often unmotivated to do anything, even showering regularly is a challenge sometimes. I rarely go out socially because I am uncomfortable in groups (which includes anything more than one other person). I have spent the last few years just trying to find some sense of stability. I have tried several different med combinations, moved several times, changed doctors trying to find one that seems to actually listen to me, and even maintaining weekly therapy is often difficult. Do you have any suggestions? I tend to ramble and I don’t want to lose my benefits because I can’t answer a simple question without a 20 page story of my life.
@tanisha: I would love to know how the outcome of your case is. My daughter also has neutropenia and we are going out of state friday to have a bone marrow biopsy done. She gets recurrent abcesses and it is dangerous to take her anywhere due to her low counts. Even in her pediatricians office, we are forbidden to wait in the waiting room and we are escorted straight to the back due to her catching a germ in the waiting room. We are thinking of trying to apply for SSI for her but don’t know if we even have a case.
Hi I have an appeal hearing on Thursday. I have the following symptoms: chronic fatigue, fibromyalgia, diabetes, chronic dystonia in neck and shoulders, numbness and tingling in my hands and feet, weakeness in my right hand/arm to a point that I am dropping things 4-5 times a day from that hand, something as light as an egg or pen. Vertigo causes me to not be able to drive or sit in front of a computer for more than 20-30 minutes at a time. I also have TMJ, hypothyroidism, depression, anxiety, and OCD. I have all doctors for these and they have all put in the file their notes. I am almost 35. I know age hurts my case, but I have to lie down at least 2 hours a day due to the pain and fatigue. I have been on numerous medications which don’t work or have bad side effects. I am still working with doctors to get better, but most of these conditions are lifelong. They said if the neurologist and rheumatologist can’t help, all they can do is refer me to pain management. I am also told by my lawyer that we have a new ALJ and he denies more cases than his colleagues. What are my chances of winning?
Hi KD,
How did your hearing go? Sorry I didn’t see this yesterday to wish you luck. Ironically, I have cervical dystonia along with a very long list of other problems that are similar to yours. I am such a klutz with the right hand weakness so it’s a good day if I don’t break something expensive. My court date is at the end of the month. I am 32 so age is a negative in my case as well. I am really curious to hear how your hearing went. I hope it went well and you get an approval.
I had a hearing about 2 weeks ago. My mental illness started when my son passes
Away in my arms at 11 months old of a heart defect. I have so many mental problems
Now I cAnt list them all. Raising thought, depression, anxiety,I dream every
Night and have been to several psychiatrist telling them my dreams 2 of the 3 only come
To me with one answer Paranormal. The doctor never has gone any farther than telling
Me thAt. WhAt I experience right as I Am going to sleep and in my sleep I have explained to
Doctors but like I sAid the only feedback on that was paranormal!
Not 1 doctor has attempted to help me only give me medicTions thAt
Are like tranquilizers! I was also In prison for drugs years bAck in
My late teens early 20′s. My mom passed while I wAs in prison. I was In prison for two years. I was turned done one time before I had my hearing. I waited almost 2 years before I got
A hearing date. I told the judge everything he asked and was very honest. Do you think
I will get my disability this time? Oh yes and I am working but I am working within disability guide lines no more than 20 hours a week. I have to have some way of providing for my 3 year old I had no choice.
Two years.
I have been suffering from chronic low back pain, from buldging dics, and degenerative disc disease, buldging dics in my neck, osteoarthritis in my hips, nerve pain from the low back down the left leg, brussitis on the outer thighs and hips, left foot pain, right arm and hand pain, numbness and tingling. I don’t sleep, and I am very depressed with high anxiety. This is all from a car accident 10yrs ago. I see pain managment doc, and a therapist. I filed for disability a yr and 1/2 ago, my hearing should be in a few months. I take alot of meds. daily life is a struggle. I’m very concerned about my case and hope I’m doing everything I need to be doing. I do have a lawyer, but still you never know. I have been seeing my doc’s on a regular basis for 10yrs. I don’t know if the judges office has all the records on my condition. do I need to get my records myself and send them to him or just wait for the lawyer to tell me what to do. the last time i spoke with my lawyer’s office they said to wait until it gets closer to the hearing, but everything i read says to get the records myself and send them myself. Is this correct? Please help.
@Lisa Albright: Lisa, I would defer to what your lawyer tells you. Generally it’s best for them to submit your records. In my practice I wait until a little closer to the hearing to update the medical records because every request for records creates an administrative burden for the doctor.
@bruce weiss: Bruce, as you have discovered, some judges believe that you cannot simultaneously claim that you cannot work (and apply for SSDI) and claim that you are ready, willing and able to work (collect unemployment). In my view the two are not inconsistent in that one can be willing to try to work even when having a good faith belief that a physical or mental impairment would preclude work.
Hopefully your lawyer can find case law or a Social Security ruling that would support a remand. Often the wording of the unfavorable decision will determine whether a case can be reversed or remanded and a good appellate lawyer will spot the opening. Best of luck to you.
My ALJ hearing is the 3rd of November 2011. I have been off work for almost two years. I am 46 and my life has changed forever. In 2007 I was having an MRI of my brain, I was having issues with my left leg, it wasn’t doing what my brain told it. The neurologist said she was pretty sure I had MS. The next day I received a call at work, “stop what you are doing and go straight to the emergency room. Be VERY careful, you have a disc on your spinal cord and any sudden or wrong movement you will be paralyzed”. May 2007 I had the first of two ACDF surgeries. As of today my cervical spine is fused from c2-c7. I have been diagnosed with DDD, Osteoarthritis, Connective Tissue Disorder, Fibromyalga, Chronic Pain, Severe Depression, etc.. I can no longer do what I use to, cant pick up my grand-kids, ride my quad, sit or stand for long periods, range of motion is horrible, gardening, traveling . I have tried to live as normal a life as I can but I pay for it. If you look at me or are an acquaintance that doesn’t know, I look fine. I walk funny because of the spinal cord damage, but I put on that happy face. My husband is probably the only one that knows the pain I am in on a daily basis. We have lost everything, my car, travel trailer, quads golf carts, had to borrow money from my in laws to keep our home. I made good money and had long term disability but they turned me down, said I could finger? I don’t know what to do, do I wear a sign that tells everyone how I feel inside. That my pain goes to the bone, that my hair took two hours to do so I could look a little normal, do I act a Bi@#h to show what a foul mood the constant pain does to my mind.
Johnathan,
I will be in front of the ALJ, a medical expert and a vocational expert. My profession was a credit analyst. I was at my desk 8 or 9 hours a day, reaching pulling pushing bending twisting looking up and down , traveling. I CANT DO IT, oh how I want to I was there almost thirteen years, I LOVED my job and they loved me. I am tired of the fight, can you give me any advise? ANY, this decision will be life changing for my family, either way.
I was denied by an ALJ and my 60 day appeal time period ends 5 days from now. I have severe back issues with severe pain. My doctor sent me for new MRIs last week which now show nerve root compression and spinal cord compression with the spinal cord actual being compressed to 5mm in C6-C7. My attorney says that even with the new evidence we could still lose at the appeals council and it could take another 24 months to receive a decision at this stage. But, he believes that if I refile, I could get an approval within a few months, at the 1st stage. He informed me that a change in SSDI in June prohibits refiling and appealing an ALJ decision at the same time; we have to do one or the other. The financial difference between continuing with the appeals process and refiling are huge as I have already been fighting the process for 2 years. Can’t really afford to lose the 2 years back pay; but, also cannot afford to go another 2 years without the monthly payment. Yesterday, I had a friend tell me that if I take my new MRI reports to my original ssdi rep in the local office, they can telephone the judge, explain the MRI results to him, and he could reverse his decision.
My questions are: is the info from the friend yesterday valid; what Is the likelyhood of another denial at the appeals council, with the new evidence; average length of time of appeal with the appeals council; should I just cut my losses and refile?
Thank you for your time, Tim
@Tammy T: my son also has neutropenia i am filing a case also, has any one on here been approved?
@tanisha: my son also has neutropenia,I WOULD LIKE TO GET IN CONTACT WITH YOU IF THATS FINE WITH YOU.
I was approved on my 1st try without an attorney, I have scoliosis, I had a huge complicated
Spinal fusion. I have some nerve damage, chronic pain and such limited mobility. My dr. Said I have reached maximum improvement a long time ago. My Dr. Said I am 100 percent disabled and cannot work, ever. I recently fell, my leg is weaker than it was.
I just received a short form update of medical information form, it may or may not lead to a cdr, I made a mistake on the scannable form so I know that it will be looked over by a person. My Dr.s office told me to mark worse under condition.
I am 52, have a GED with finishing 10th grade and operated a bs sitting service for 17 years before I applied for disability. I see my Dr. On a regular basis and a mental health therapist for anxiety.
Do you think if I get a complete review my benefits will cease because I had fusion surgery,
My spine has been fused but I am disabled.
What do you think s.s. Would say if I have a full CDR. I am worried, mainly because of my
Medicare benefits. I can do some things around the house, light meal preparation but cannot drive, I am a sincere truthful and worried person.
Please give me your opinion. Thank you, susie
I have gitlemans syndrome(k+wasting diease) ruptured disks,depression,anixieity disorder.I,am currenty woking 20 hrs aweek because i have to take alot of meds due to gitlemans. I went for ce exam (mental) 5 weeks ago and still have not got a answer. What do you think my chances for being appoved are?
@Susie: interested due to the fact i have scoliosis and lost my ssd cases 2xs. This was almost 3 years ago and i’m startin over from fresh. My curve from the looks of all my x-rays is at an arc of 75 degrees which is very bad-surgeon would like to do a very serious surgery which involves 2 trips to the operating room within a weeks time frame. Very scared. Was your surgery done after you won your ssd? My personal opinion is i think you’ll still collect. Please respond. Thanks, Lanette
Hi jginsberg ,
Let me begin by thanking you in advance for answering peoples questions and helping.
I have question hope you can help I applied for SSID in AZ on July 2011 it is now Dec 10,2011 this is my first time Applying.
I have just applied fo UI benefits will i possibly be denied for this? The only reason i applied for UI benefits is because i have bills and a morg i have to survive.
Can i get introuble for collecting UI benefits While waiting for an answer on my SSID
claim?
And if i do get accepted for SSID and they back pay me for benefits will i need to pay back the UI benefits I received or pay back my short term disability i collected before?
Thanks for your time,
AJ
@tharrell63: I would like to know your choice about refiling, I refiled after turn down with ALJ awaiting a second hearing date with new xrays and restrictions. wILL i GO BACK BEFORE SAME JUDGE, HE SEEMED MAD ABOUT SOMETHING RIGHT OFF BAT DONT THINK IT WAS ME
I am a 61 yr old with small cell lung cancer .I have been a hairdresser for 43 yrs ,my lung dr said that I could not return to work because of the chemicals and my lung function being below normal…he said I should apply for disability ..do I need a lawyer or can I do this on my own…
AJ, I can’t comment about Arizona law relating to unemployment compensation. I am not aware of instances where states ask for repayment if Social Security is awarded but I would defer to anyone with first hand knowledge about this question of Arizona law. The unemployment vs. Social Security disability debate is one that has been on-going. I take the position that if you apply for unemployment you are saying that you are ready, willing and able to try to work. Given that unsuccessful work attempts are relevant and helpful factors in a Social Security case, I see no inconsistency. In Atlanta, where I practice, I am not seeing denials of SSD cases based on a claimant’s decision to apply for UI. This could be different elsewhere but, again, I do not see the inconsistency, especially if you are prepared to use the UI application to prove that you are motivated to work.
Kim, I am not a big fan of part time work because it muddies the water. I have seen many judges take the position that if you can work part time at Job X, then why can’t you work full time at Job Y which is less demanding.
With all the thousands and thousands of people that pass away each day(may they rest in peace)What becomes of their money that they put in.The SSI and SSD act like they don’t have a dime to spare..BULL FEATHERS
Cesar, good point. I believe that money stays in the system and is used to pay other claimants. Remember, however that when Social Security was first created in 1935, the retirement age was 65, but life expectancy for men was 58 and women 62. Now, life expectancy for men is in the late 70′s and for women, the early 80′s. Additionally, when Social Security was first created it was intended as a retirement supplement (for those who lived long enough to collect it), whereas now, Social Security retirement serves as the main source of retirement money for many older Americans and the SSDI and SSI disability programs have been added. So, while you are correct that some contributors do not get their money out, many, many more take out significantly more than what they put in. This is why the Social Security system is in such trouble.
Does the Hearing Judge take into consideration the amount of drugs a person is taking for their disability? I have scoliosis and unsuccessful back fusion and I take 5-6 Norco tabs (10 mg/325 mg) and 3-4 Soma 350 mg tablets a day to treat the pain. I can only sleep for a few hours at a time before the pain wakes me up. Because I take so much medication and the lack of sleep, I feel foggy and very unorganized, but I can’t go without the medication. Does a Hearing Judge take this into consideration? Thanks for your response.
@Tammy:
Tammy you are absolutely correct….. (P)ray (U)ntil (S)omething (H)appens and watch God at work. HE who created you loves you more than anyone else in the world and has promised to take care of you and HE will.
Yes, the side effects of medications should be taken into account as these side effects (such as drowsiness, excessive urination, mental confusion) can negatively impact your capacity to perform work. Make sure that you are able to clearly identify specific activity limitations that arise from these side effects.
I was placed on reduced hours March 2010 due to injuries in an auto accident, out for surgery in June 2010, then terminated in October 2010 because of my injuries and a second pending surgery. My LTD company made me file for SSDI and I was told by SSDI that since I worked part time my disability onset date was 10/1/2010 instead of the accident date of March 2010.
I have been denied twice with SSDI stating they agree I may never return to full time work but my knowledge in Human Resources makes me eligible for “some employment that could produce income”. I’ve been waiting 14 months since my request for an ALJ hearing with no indication of when this will happen.
So my question is, since I worked 10-20 hours a week instead of my documented 60-70 (even though I had to be heavily medicated and it caused major problems) for the first 6 months after my injuries occurred will this have a detrimental effect on my ALJ hearing?
My doctors now say that I cannot work at all.