Every Social Security judge is different and will ask different questions. When I am preparing my clients for hearings, however, there are certain questions that I want my clients to be able to answer because these questions frequently get asked. If you need to write down some of this information and bring in a notepad, that is better than guessing and stumbling about for answers. If you are scheduled for a hearing, you should have thought out answers to the following questions:
- Identify the jobs you have performed over the past 15 years – ideally you should know the name of your employer, your job title and the dates of employment.
- Identify the medications you currently take.
- Identify the side effects from the medications you take.
- What is the main reason that you content that you cannot work?
- How long can you continuously sit? What happens if you remain seated beyond this time?
- How long can you continuously stand? What happens if you remain standing beyond this time? Do you need an assistive device to stand?
- How long (or how far) can you walk? What happens if you walk beyond this point? Do you need an assistive device? Is there a difference between walking on flat ground vs. irregular terrain or an incline?
- If you contend that you can only sit or stand for limited periods of time, how many times can you repeat the sit/stand/walk cycle before you have to lie down or take strong pain medications?
- What do you do during the day beginning with the time you get up?
- Do you have a driver’s license? If so, how much driving do you engage in during an average week?
- How often do you get out of the house?
- What do you do when you leave the house?
- Have you engaged in any type of work for pay, volunteer work or sustained activity outside the home since you allege that your disability began?
- How long did this post-onset activity last and why did you stop it?
- Do you experience pain in your body?
- Where exactly is the pain?
- On a scale of 1 to 10, with 1 being a mild headache and 10 being a kidney stone, how would you rate your pain?
- How frequently do you have to use the restroom? How long are you typically in the restroom when you go?
I applied 3/26/09. I have chronic hep c, hypertension, chronic pain from a severely invasive abdominal surgery, opiate additction from the 11 years of round-the-clock opiate pain killer use, and the severe constipation so graciously caused by these meds. Fibromyalgia, depression anxiety and insomnia 7 different meds per day totalling > 700 pills per month. i suffer from skin lesions from hep c, and between the brainfog from hep c and the sedation of so many narcotic or sceduled 11 and 3 meds, I thought I had alzheimers. I was laid off from my job of 25 years, and no one will hire me. Is this eval free? A churchmouse has more assts. Thanks!
My adjudicator sent me additional forms to fill out. One of them is a work history form. This is the same form I already filled out originally. My work history hasn’t changed in the last 2 months. When asked why I had to fill out the form again he said my case is a file case. I never heard that term used before. Can you tell me what a ‘file case’ is?
I have been fighting ssa for 28 yrs . in Dec. 1980 i was severly injured in an auto accident , denied help . in Jan. 1982 i was hit by a car head on while on my motorcycle .
I have filed and tried to get ssa to investigate the system abuse done to me . I have a hearing date this month and when i requested file i found a judges order(1993) had been changed from remanded to dismissed when i pointed this out they ask if i had proof ? i said yes and now they have informed me i can only talk about the 2008 denial .
No lawyer will take my case . When i show them the proof of abuse by ssa district manager they ask me to leave .
i could use any pointers on what i can do !
thank you in advance !
I have really learned from your blog very informative thanks .
i do not however see any articles , advise or rights available for when an ssa employee frauduently denies your claim and purges evidence , falisifys decisions , changes a judges decree and lies to congressmen and senators .
am i to suppose this has never happened to anyone you know ?
My hearing was this April 7th, 2010 and my judge asked me several questions about my social life: if I ever went out recreationally, if I went to church, had friends I went out with, if I had kids, etc. It made me feel like a looser, since each question was no, but it was the truth and I think it shows my disability prohibits me from doing the fun things I would like to do; as well as work gainfully. Please sign my disablity petition linked to this comment; please help reform SSI/SSDI determination processes.
Is it advisable to speak to an attorney before you file for SSDI?
Mike, I don’t necessarily think that you need to speak to a lawyer prior to filing. I would suggest that you educate yourself about the definitions of disability and the process. If, however, there is other insurance involved (i.e. long term disability, workers comp., etc.) then I would speak to counsel before filing. Most Social Security lawyers will be happy to speak with you at no cost for a few minutes – so if you feel more comfortable talking to a lawyer first, by all means, do so.
I had my disability hearing JANUARY 2012 im now waiting on a decision my attorney says it takes 4 to 6 weeks for the decision to come in the mail he said i stated good facts and that we had plenty of evidence to prove im disabled the VE said i would not be able to hold a job and if i did i would end up loseing it my question is i had some disadvantages like i have worked 3 jobs since i applied for disability and im 46 yrs of age and i recieved unemployment some of that time does that hurt me?
hello all…so i had my hearing March1st and the voc rep said i couldn’t work any job does that mean i won my case?
Usually the judge will ask the vocational witness several hypothetical questions. If the answer to
every
question is “no jobs” that is a good sign.
I filed for disability in June, 2010, and have been denied twice, and now I have appealed it and I am awaiting a hearing date. I have intercysterial Cystitis, along with arthritis, lower back pain, and leg & Muscle numbness and weakness, classified as Fibromyalgia. I have constant numbness in both hands daily, and suffer also from Hypertension. I have attempted 3 different jobs since I filed and was proven by the employer that I could not hold a job due to my health, each time. The longest that I worked was 60 days, and was discharged, however, I did tell them on the application, that I had a disability, but that did not matter to them, They will find a way to discharge you, and they did. I was continously fatigue, lost weight, camped out in the restroom, due to my Bladder issue, and severly strained my back trying to perform. I have no income, except what little unemployment that I managed to draw, and no health Insurance to get further diagnostic testing performed. I have advocate helping me with my claim, and have tried to submit what evidence I could as far as medical records, dating back to 2001, when I was orignally diagnosied with Intercysterial cystitis. My mother died at the age of 47 with Bladder and kidney problem, as well as heart disease, and had a stoma, due to her bladder being removed. Please give me any insight as far as my hearing coming up. I have wrote my local Congressman to try to accomodate me with details, in following my hearing date, and have received Good response from their office. March 20th,2012 10.00PM
Given that you have a variety of conditions, I think it would be wise to ask one or more treating physicians to complete functional capacity evaluations on your behalf and submit those into the medical record prior to your hearing. The medical issues in a case are not especially relevant – what matters is the impact those medical conditions and side effects of medications have on your capacity to perform a simple, entry level type of job.
Thank You for your response, My physician has written a letter in reference to my condition, and how it has affected me with my performance on the job. I have had 3 positions since 2010, and each one has terminated, however, No employer will admit they are discharging you due having disabilities that far limit how you perform on the job. The reasons they have used are poor performance, Not a good fit, or better yet absent from the job due to personal injury etc. North Carolina is a AT will state, and they can discharge for any reason, meaning covering up a reason. In my personal experience I cannot sit stand for more than 15 minutes. I have muscle and leg weakness, and lower back issues, and of course frequesnt bathroom trips due to having Intercysterail cystitis of the bladder. I do hav e ahearing coming up in August,2012. I have no Insurance, so therefore the assessment that could be done, will not be done, unless the federal government will pay for the services.Medical evidence has been supplied to the SS advocate. Not sure how this will pan out, but I am hoping foir a very satisfing accomplishment where the hearing is concerned.@jginsberg:
@Anita Stallings:
I too have IC. This is NOT common illness nor is there a cure for it. I have only met one other person to have this. I am allergic to the Elmeron, had a severe reaction to the trigger point injections and the bladder distillations trigger my IBS, therefore there is no treatment for me other than pain management. I am interested in the treatments you have tried and also would love to talk to you concerning your life, how you handle your illness and your struggle with filing for disability, as I have filed too. If you read this PLEASE email me at urtnsis@yahoo.com. I am hoping maybe we could help each other or forge a friendship. I will pray for you and all the other who have IC as well. I wish you the very best and believe me I know what you are going through.
@jginsberg:
I have had 3 addtional Job attempts since I orignally starting filling for disability, and no job has last beyond 8 weeks. I have been dismissed. As far as testing for the capacity I have NO Health Insurance so therefore i cannot participate for that. My hearing is coming up in August,2012 and did submit my work history. I have truely tried to work but did draw unemployment up until this past May, but still unsucessful with potential work. They will not hire regular people much less people with disabilities, hnot to mention keep them on hand. They want the younger generation who can do cart wheels and do the position and three more at hand, without the employer hiring addtional employees?
@Anita Stallings: I am sorry you have problems, keeping a faVORITE blessing or psalm from the bible in your head helps keep you grounded as you go through these trials. I have chronic back pain, disc degeneration, numbness. severe anxiety and depression, I am also the caretaker of my mother with dementia. The stress adds to the pain and both are overwhelming. I couldnt qualify for unemployment because the last job that I ended up in the ER 2x with wants me back. I have had to liquidate my 401k (what the stockmarket left of it) and my life insureance to pay bills. Now that it is gone I go to charities to try and get my utility assistance and it has been hard. God Bless you and may you have peace.
I have been working on my disabilty clame now for 3 years all on my own.
The time I put into getting records, and every information hey cold possiably
need. And thier sisters and brothers to go with it. I am now so unhealthy I don’t know if
I’m coming or going.I finally got my hearing date for May 4th any advice, someone could share. God bless. COPD,emphazema, alphia 1 lung diese, Valley Fever,Biopolar, Hyprothyroidism, back and knee cronic pain, High depression, please lord nomore struggling to get medical help, because of the unvaiabilty to pay.