A Social Security disability hearing provides the administrative law judge (ALJ) the opportunity to assess how your impairments have impacted your daily life and ability to maintain employment. While these hearings and disability interviews can be intimidating for applicants, they are typically uneventful sessions that last no more than 45 minutes.
It’s crucial to state the truth about your disability and refrain from exaggerations. If one of your answers doesn’t corroborate with medical records, you may lose credibility in the eyes of the judge. However, pay close attention to your choice of phrasing, and increase your chances of success during the disability interview by avoiding these five statements.
No one will hire me; I can’t find work
The Social Security disability program is designed to help those who are mentally or physically unable to maintain employment on a consistent basis. The ALJ doesn’t care how bad the job market is right now. Any statement that implies you would work if someone would hire you is a big mistake. SSD benefits are not for unemployed claimants who are down on their luck. There is absolutely no shame in being so disabled that you cannot work, though many people might state otherwise simply out of embarrassment. If the judge finds that you are capable of holding down a job, they will most likely deny your SSDI application.
I am not under medical treatment for my disability
If you are not seeing a doctor for your physical or mental impairments, you may not be eligible for disability benefits. A failure to be treated by a medical professional can undermine credibility and your chance of getting benefits. Up-to-date medical records are important, and if you stopped a specific treatment because it did not help, you will need to justify this action.
I have a history of drug abuse or criminal activity
Unless the ALJ asks if you have ever had problems with substance abuse or have a criminal record, it’s best to keep silent on the subject. Why? Because this type of information, in theory, does not affect your current disability, and can taint the judge’s view of your character. If you are asked, always answer honestly and explain the steps you took to better yourself.
I do household chores and go for walks
The ALJ may ask about your ability to perform daily living tasks, such as house cleaning, bathing, or cooking meals. Instead of blanket statements like “Yes, I can do chores,” specify exactly what you are able to perform, and how often. For example, you may be able to cook meals two times a week, and on other nights, when it’s too difficult to get out of bed, your family takes over. Yes, you may be physically able to take short walks now and again, but you want to paint an accurate picture of your abilities and limitations.
My pain is severe and unbearable
It is not only what information you submit with your claim; it is also how you develop and present your evidence that will successfully resolve your case. You want a law firm with the resources and experience to
Exaggerating the extent of your disability will not improve the odds that your application is approved. In fact, claimants who complain of chronic pain that is untreatable might make a poor impression on the ALJ.
Inflated claims of pain are never a good idea during a disability hearing. While you may undoubtedly be in discomfort, what you should focus on is how your impairment restricts your ability to participate in normal daily activities. Falsely claiming that your pain level is at a 10 24/7 will weaken your credibility, especially if these claims are not substantiated by medical records.
Legal Guidance When SSDI Benefits Are Denied
A skilled SSDI lawyer can help prepare you for a disability interview before an administrative law judge. The vast majority of Social Security Disability applications that are denied are those submitted without the benefit of legal representation. When you need knowledgeable legal guidance, talk to a board-certified Social Security Disability Lawyer at Marc Whitehead & Associates.
We can help you get the benefits you deserve. Reach out to schedule a free consultation regarding your disability claim. You can request a case evaluation by email or telephone. We are available to take your call 24 hours a day, and represent claimants in Texas and throughout the nation.
