Social Security disability hearings follow a fairly consistent pattern.  Although every judge has his or her own practices, by in large, the information required will be roughly the same, regardless of the judge.

Since your hearing is your only opportunity to interact face to face with a judge, it just  makes sense to prepare for those questions that always come up at hearings.   You will hurt your chances at an approval if you do not prepare – the last thing you want to do is hem and haw trying to come up with an answers.  You are going to be nervous anyway so always prepare ahead of time with your lawyer.

In this video I talk about those questions that always seem to come up.   Though this video should not be used as a substitute for a pre-hearing conference with your lawyer, it should help you start with your preparation.

You may feel scared or intimidated as the date of your Social Security disability hearing approaches. Would it be ok if you brought a friend or relative into the hearing room to give you moral support. In this video I explain hearing office policy regarding witnesses and observers.

Can I Bring an Observer with me to my Social Security Disability Hearing from Jonathan Ginsberg on Vimeo.

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Podcast Notes:  Social Security judges are busy people, and they do not have time to dig for information.  Your hearing offers you the opportunity to explain to a Social Security Administration judge why you are unable to work, and your hearing will last no more than 60 minutes.   The only issue that the judge really cares about involves your capacity for work – everything else is peripheral, so it does not make sense to waste valuable time pondering background information like your work history and medication lists.

In my experience, judges appreciate you and your attorney if you can quickly review background information and proceed quickly to the heart of the matter.  In fact, I generally ask leading questions (questions that suggest the answer) when I cover background information and not once has a judge interrupted me.

Here is the background information that you need to have at your fingertips:

Past work over the last 15 years – you should know the dates of employment, your job title, and prepare a brief description of what you did.   This information can also be submitted in writing on a form but the judge may want to hear it directly from you.

Current medications list – you should have a list of the medicines, both prescription and non-prescription, that you take, who prescribed those medications, and when you started taking each one.  Further, if your doctor has been modifying your prescriptions in an effort to control your condition, a timeline would be helpful.  Finally, you should make note of any side effects that apply.

Know the “onset date” set out in your application for benefits and why you chose that date.  Was it an accident?  Was this your last day of work?  Why this date?

Have a clear understanding of why you believe you meet Social Security’s definition of disability.  Discuss this with your lawyer and write out a statement if necessary.

Prepare answers to questions about your capacity to perform specific exertional activities, like standing, walking, sitting, crawling, crouching, climbing, reaching, using your hands, etc.  Avoid “not very much” or “not too long.”

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I have a good friend who works as a sales trainer.  He teaches his students that “attitude is everything.”  In a sales context, if you exude confidence and believeability, you  have much better chance at making a sale.  Conversely, if you give off a “vibe” of defeatism and lack of confidence, your customers will sense your desperation and you will not be successful in sales.

The same ideas hold true in the Social Security disability world.  Although you may have been waiting for years to appear before a judge, and you may know with every fiber of your being that you do not have the energy or endurance to work, you must present yourself as a fighter who wants to work and who hates the idea of pursuing disability benefits.  Five days a week for 8 hours a day your judge has seen or thought about a claimant who wants that judge to obligate the federal government to pay monthly benefits.

Most disability cases turn on whether the judge finds you credible.  You can greatly enhance your credibility by presenting yourself as an honest, hardworking person who has reluctantly given up a fulfilling, financially rewarding career or job.

In this episode, I describe my pre-hearing meeting with a client who has a chronic, debilitating condition.  Only at the end of my meeting did I discover a line of questioning that will allow me to portray her as a reluctant claimant.