PREPARE FOR COMMON HEARING QUESTIONS

Some questions are nearly always asked at Social Security disability hearings.  You must be prepared to answer those questions.  Here are a few questions that can make or break your hearing.

QUESTION # 1:  "Why did you leave your last job?" 

 The answer must be that you became unable to perform the duties of the job because of either physical or mental reasons.  Any other answer and you set yourself up to lose your case.  Unacceptable answers include (and I've heard all these given):

• I got laid off when the rocking chair factory reduced its labor force.
• My car quit running so I didn't have a way to get to work regularly.
• I had to quit to keep my youngest daughter who got sick...."
• My mother broke her hip and I was the only one who could care for her."
• The company I was working for went out of business.
•  My boss picked on me a lot and I just couldn't take it any more, so I quit.
• I tried to start my own business but failed after 6 months and became unemployed.

 Individuals who quit working because of any reason other than disability should not file disability claims.  They might or might not have legitimate unemployment claims but they do not have disability claims because none of the above have anything to do with being disabled.  An experienced attorney or advocate would not accept a case if those are the only reasons the claimant is not working.  The Social Security Act only provides benefits for a disability that makes it impossible for the claimant to keep working.  Nothing else is covered.


Often, the first question asked at a Social Security disability hearing is:  "Tell me why you stopped working."  If you did not stop working because of a serious physical or mental impairment you are not qualified for Social Security disability.  Period.

QUESTION # 2.  "Why do you believe you are not able to work?"   

The answer must be that you are unable to perform full-time work because of a serious physical or mental impairment (or combination of impairments).  Anything else and you are not eligible for Social Security disability.  The Act covers disability, not unemployment.

You should be able to explain briefly and in some careful detail why you are unable to work.  For example, if you have a bad back and suffer from severe chronic back pain, you might say:

"I have severe pain my lower back which radiates into my right leg. This pain is so bad that I can only stand about 20 minutes at a time and I can't sit more than 30 minutes at a time.  I can't lift more than 5 pounds regularly and have trouble with bending, stooping, kneeling or reaching.  The pain is so severe that I have trouble keeping my mind on what I'm doing for more than a few minutes at a time."

Note again that disability has nothing to do with your employer going out of business, how bad your car runs, your child being sick or whether your boss liked you or not.  The question is, "Why are you unable to perform any work on a full-time basis?"