Advice for testifying at a disability hearing

Post on 24-Dec-2014

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If you are testifying at your SSD hearing, here are a few pieces of advice. Most importantly, testify truthfully. Don’t try and figure out why the judge is asking you a question, just answer honestly and to the best of your ability. Be candid about your strengths and limitations. Don’t pretend to be in more pain that you actually are, but also do not downplay the severity of your pain or injuries. If you feel you must stand up during your hearing that is alright. Make sure to tell the full story with details, as accurately as possible. If you do not know the exact date, approximate. Make sure to speak clearly for the recording. Expect to answer questions regarding your work history, symptoms, education, medical history, daily activities, and work limitations.

transcript

Advicefor testifying

at your Social Securitydisability hearing

TestifyTruthfully�e most important advice anyone can give you about a Social Security hearing is: Tell the truth.

Don’t try to �gure out why the judge is asking a

particular question or whether your answer

will help or hurt your case.

?

Be candid about your strengths as well as about your limitations. �e best way to lose a good case is for the judge to think that you’re not telling the truth. So, testify truthfully.

Don’t do anyPlay-actingfor the judge�at is, don’t pretend to cry or be in more pain than you are.

On the other hand, you need not su�er silently or minimize your problems when you tell the judge how you feel. If you need to take a break from the hearing, ask the judge for permission.

If you are uncomfortable sitting and it would help to stand up for a while, you may do so, and you should not be embarrassed about it.

�is will be your chance to tell the judge everything you want the judge to know about why your condition prevents you from holding a job.

Tell your story fullyand with details

Many people think that since they are dealing with the government, they should keep their mouths shut, give the shortest possible answer and not volunteer anything.

Although this is usually a good approach when the government is trying to do something to you, the opposite is true when you are asking the government to do something for you.

You need to provide enough facts, details, and

explanation in your testimony to make it

obvious to the judge that you are disabled.

EXPLANATION

DETAILS

FACTS

You may be asked when something happened.

When youdon’t knowan exact date,approximate

?If you don’t remember the exact date, don’t worry. Few people can remember precise dates for events in their lives. If you don’t remember the exact date, say so.

�en, do your best to give an approximate date, or a month and year, or a season and year, or, if you cannot remember more accurately, just the year.

2011

2008

2009

2010

2011!

Getting dates wrong is something that all of us, including the judge, do from time to time. Some people are worse than others with dates. �e judge won’t think you’re being untruthful if it turns out that a date is wrong.

Speak clearlyfor the recordingEach hearing room has its own recording equipment. It is important for you to speak clearly when you answer questions.

�e microphones are very sensitive so that they will pick up your testimony from anywhere in the room if you speak loudly enough for the judge to hear you.

However, shaking your head won’t do; neither will pointing at a part of your body without stating out loud what part of your body you are pointing at.

Yes,judge!

Also, “uh huh” and “huh uh” answers do not transcribe as well as “yes” and “no” answers. So try to say “yes” and “no” if you can.

Yes.

No.

Expectto answerquestionsabout these 6 topics

Your work history

Your daily activities

Your medical history

Your work limitations

Your education

Your symptoms

1. 2.

3.4.

5.

6.

© James Publishing