AVOID EXAGGERATIONS AND HISTRONICS

A Social Security disability hearing is fact finding session.  The administrative law judge (ALJ) will ask questions to determine whether or not the claimant meets the rules and regulations for disability benefits.

The claimant will answer a series of questions from both the ALJ and from his own representative.  Combined, the answers to these questions form the "testimony" from the claimant.  Some suggestions for answering questions during a disability hearing include:

1. Tell the truth.  Avoid exaggerations and what sounds like exaggerations.  For example, "I can't lift even one pound."  Or, "I can only stand for about 30 seconds."  Unless there is definite medical evidence to prove those statements, give a more reasonable estimate.
2.  Avoid histronics.  While some people do become genuinely emotional when talking about their disability, try not to be overly emotional.  Certainly, you never want to put on an intentional show of emotions.
3. Get a question clarified if you don't understand it.  If you are asked a question that you don't understand, ask for it to be clarified.  If you simply do not know the answer, state, "I don't know."   Don't guess or speculate.
4. Try to avoid contradictory statements.  Don't say, "I can only sit for about 5 minutes" if you recently worked a job that required you to sit 6 hours per day (unless something has recently changed that reduced your ability to sit.  Don't say, "I can only walk 30 feet" unless you can explain to the judge how you managed to walk into the hearing office.  Many contradictions arise from exaggerated symptoms.  Judges pick up on these instantly and credibility is lost.  When credibility is lost, so is the case.

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For help with a Social Security disability matter, including filing a claim or an appeal, contact the Forsythe Firm in Huntsville at (256) 799-0297.  Visit us at Forsythe Firm.com