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.
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Q: What is the heaviest weight you can lift?
A: My doctor says I can't lift anything heavier than 10 lbs.
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Q: How far can you walk?
A: Not very far. Not very far at all?
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Q: How much can you lift?
A: I don't know – I never really thought about it.
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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.
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Q: When did you stop working?
A: I don't know. I can't remember. Sorry, I'm not very good with dates.
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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.
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 !