August 19, 2019

Stand Out from the Crowd – Why Your Disability Claim Should be Approved

Social Security Judge Reveals What Evidence You Need to Win a Disability Approval

Mistakes to Avoid in your SSD Case – Interview with attorney Jonathan Pearson

Winning Strategies for Federal Court Appeals

Winning Strategies at the Social Security Disability Appeals Council

Seven Activities You Should Avoid After Filing for Social Security Disability

Am I Sick Enough to Win Social Security Disability Benefits

 

How Long Does it Take for Social Security to Decide my Disability Claim

Episode 59 – What Does it Mean When the Judge Continued my Case?

Episode 59 Show Notes

In this episode I answer a question from Cheryl, who used the “Send a Voice Message to Jonathan” button on this site to contact me.  Cheryl wants to know if it is a positive or negative sign that the judge continued her recent hearing so she and her lawyer could obtain additional medical records.  She also wants to know how long she may have to wait for a reset hearing.

Resources mentioned in this episode include:

If you have a comment about my answer or about hearing continuances, please post your comment on Twitter, using hashtag #ssdradio59.

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Episode 58 – How to Explain Your Daily Activities to the Judge

“What do you do with yourself on an average day?”  You can expect to hear this question from your Social Security disability judge.   Does the judge expect you to testify that you spend your days moaning in pain, zonked out on pain medications and unable to dress yourself or prepare simple meals?  Is it okay to state that you drive to the store or to pick up your kids from school?

At what point does normal daily activity start to look like a work equivalent, and thus result in a conclusion that you are not disabled?

My experience has been that if a judge rules against you, he will point to your testimony about daily activities as evidence that you do have the capacity to perform simple, entry-level work.  This means that you need to think about how you will answer questions about your daily routine so that the judge understands how that routine is impacted by your medical condition.

I advise my clients to include limitations in their explanation of activities, for example:

“I do go to the grocery store but I only go when I know that the store won’t be crowded so I can get in and out quickly.  I use the motorized cart to go up and down the aisles and I let the grocery bagger take my bags to the car.  When I get home, my neighbor’s kids unload the bags and take it into my kitchen and they help put the groceries in the refrigerator or pantry.”

“I have to prepare my own meals but I do not cook anymore because last time I tried, I fell asleep and almost burned the house down. Now I make only cold sandwiches and whatever I can microwave.”

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