“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.”

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.

[mc id=”118″ type=”audio”]How to Prepare for Your Hearing[/mc]

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.”