Although Social Security Disability (SSD) hearings are less formal than traditional court trials, they can still cause many people to feel anxious or stressed. These feelings are understandable. The average wait time for an administrative hearing in Chicago is 14.9 months, so you've undoubtedly been waiting a long time for your hearing date. Not to mention, a lot depends on the decision of the Administrative Law Judge (ALJ).
However, while this feeling is normal, it is mostly unnecessary – 62% of SSD applications are approved after an administrative hearing. Therefore, there is a good chance that your application will be approved and you will eventually receive the benefits you deserve.
However, there are things you can say at the SSD hearing that will make you one of the 38% of people whose application is denied. This does not mean that you should lie when questioned by an ALJ or attorney; rather, pay close attention to the questions, do not provide more information than is requested, and be careful to word your responses so that it does not appear that your disability is minor.
That being said, Here's what not to say at an SSD hearing (and how to soften the blow if you can't avoid it).
“I can't find a job.”
Anything that suggests you would work if you could, e.g. “No one will hire me” or “If I want a job, I have to move” are big no-nos.
SSD benefits are awarded because your disability prevents you from working, no Because you can't find a job (that's what unemployment benefits are for). The ALJ will view such statements as evidence that you are actually able to work and may deny your application.
Instead, if asked why you are not working, explain how your inability to perform tasks results in your inability to perform the job you used to do.
“I couldn't find any way to ease my pain.”
Many people exaggerate the extent of their disability and its impact on daily life in an attempt to increase the chances of their application being approved. This can actually have the opposite effect, making your application more likely to be rejected.
Exaggerating claims of pain will only undermine your trust in the judge. The ALJ understands that your disability causes pain and discomfort and makes it difficult for you to participate in many of the activities you did before becoming disabled. She will find it incredible that you claim your pain level is at level 10 every day and that you are unable to do anything because of it.
“I'm not getting treatment for my disability.”
One of the most important things you can do for your health and well-being, and to increase the chances of your benefits application being approved, is to see your doctor regularly and follow his treatment plan. Not seeing your doctor regularly will damage your credibility and lead the ALJ to believe that your condition is not as serious as you claim – and if so, wouldn't you want to do whatever it takes to make yourself feel better?
This does not mean that you must continue treatment that is not working. Even if you are not currently receiving treatment, you may have been in treatment in the past – so be sure to explain to the judge what treatments and medications you tried, and why you stopped treatment.
“I have a history of crime and/or drug abuse.”
In theory, it doesn't matter whether you've been convicted of a crime or have a history of drug or alcohol abuse – having a less-than-perfect history doesn't mean you won't become disabled in the future.
Unfortunately, this can sometimes damage your credibility with the ALJ. Therefore, do not provide this information unless asked directly if you have ever been convicted of a crime or have ever had a substance abuse problem.
If you are asked, answer honestly, explain what happened, and if there is substance abuse, explain what steps you took or are currently taking to overcome your addiction.
“My partner is on unemployment benefits.”
This is another fact that, in theory, should not affect your SSD application. Your partner's employment status has no bearing on your disability and its impact on your ability to work.
But like a criminal or drug history, this may reduce your credibility in the ALJ's mind or even give her the false impression that you are trying to “rig the system.” If you are asked this question, answer truthfully and provide a brief explanation. But please do not provide this information without being asked directly.
“I can cook/do laundry/take a walk.”
If you have a disability, you may be able to participate in some of the activities you once enjoyed, at least some of the time. But if an ALJ or attorney asks, “Do you go for a walk?” If your answer is simply, “Yes,” you risk giving the impression that you can do these and other activities all the time. If the ALJ believes that you can complete these tasks consistently or without difficulty, she will deny your application.
Instead, when answering questions about whether you can participate in activities of daily living (such as cooking, cleaning, or bathing) or related work-related tasks, be specific about what you can do and how often you can do it.
For example, if you were asked, “Can you cook for yourself or your family?” you could say, “On a good day, I can make sandwiches or microwave meals for my family. On bad days, my family has to cook and bring the meals to bed or in the recliner because it's too hard for me to get out of bed. On average, I cook 3-5 meals for them a week.”
This answer paints a more accurate picture for the ALJ of how your disability limits your daily activities than if you had just answered “yes.”
Get personalized hearing preparation
An experienced SSD attorney can help you prepare for the administrative hearing and reduce the impact of the answers to any potential questions. By reviewing your medical file and practicing answering questions that the ALJ and attorney may ask, you will feel more confident at the hearing and be less likely to inadvertently say something that could lower the chances of your case being approved.
We offer a free initial consultation to evaluate your disability claim. Please call 800-419-7606 to schedule a consultation.
