COMMON QUESTIONS AT DISABILITY HEARINGS

Disability hearings are presided over by administrative law judges (ALJs).  The judges will ask the claimant questions under oath to try to discover the facts related to why the claimant is (or is not) disabled under Social Security regulations.  There is no list of questions--the judge may ask anything.  However, here are some common questions that come up frequently:

1. Tell me why you believe you are not able to work.
2. Under what circumstances did you leave your last job?
3. Specific functional limitations:  How long can you sit?  Stand?  How long/how far can you walk?  Lift, on a repeated basis?
4. How do you spend your day?  (What kind of activities do you regularly engage in:  shopping, housework, yard work, social events, etc.)?
5. Do you drive?  How often?  (Be sure to explain any limitations).
6. Did you apply for or receive any unemployment after you stopped working?
7. When is the last day you worked, even for one day?
8. Tell me about your past work. 
• Kind of machine(s) you operated. 
• How much you routinely/frequently lifted?
• What is the heaviest weight you ever lifted, even occasionally?
• Out of an 8 hour day, how much of the time were you sitting?  Standing/walking?
• Did you supervise others?  Write reports?  Hire and fire workers?

General advice about answering questions at your hearing:

• Always be truthful.  Don't exaggerate.
•  If you don't understand a question, ask that it be clarified before you answer.
• Questions involving the word "how" should be answered specificially:  use feet, yards, pounds, times per week, times per day, etc.  Avoid generalities like "not very long, not very much, sometimes or once in a while," which mean different things to different people.
•  Use an example if it helps explain your answer.  Use these sparingly.

Please remember that the Social Security act does not cover any form of unemployment or vocational problem, such as getting laid off, fired, conflicts with other workers, business closings, job relocations, family problems, etc.  You must be unable to work based on a severe physical and/or mental impairment.  Any other reason is not covered by the Social Security Act, is not a disability, and will not pay benefits.

In most cases, the administrative law judge will have access to your entire earnings record, including unemployment benefits and self employment income.  He/she may also have information about your legal history, such as arrests, imprisonments, drug use or smoking habits.  If you are asked, for example, "Do you smoke," you should answer truthfully.  Don't say you have quit smoking unless you really have, and unless you quit some time in the past, not a week or two ago.  The judge's next question is likely to be, "When's the last time you smoked a cigarette?"  If you answer "Yesterday," you lose credibility.  Total honesty is always best.