2 MOST IMPORTANT QUESTIONS AT YOUR DISABILITY HEARING
- The Forsythe Firm
- Feb 25, 2021
- 2 min read
A hearing is held when Social Security has denied a disability claim, and a judge must finally decide if you are eligible to get benefits. During the hearing, the judge will ask a series of questions.
While many questions will be asked, here are 2 questions that are critical to understand and answer correctly. Of course, all questions should be answered honestly.
QUESTION? WHY DID YOU STOP WORKING, OR, WHY DID YOU LEAVE YOUR LAST JOB?
The judge is trying to find out if you are disabled, or if you quit working for some other reason. You will only qualify for a benefit if you had to stop working due to a disability. If you stopped because of plant closure, layoffs, transportation problems, taking care of an ill family member or any other reason besides disability, you will be denied--guaranteed.
It isn't sufficient to say, "I became unable to work," or "I just couldn't the job any more." You need to explain what parts of the job you were unable to do. Were you having problems with standing, walking, bending, lifting, reaching, concentrating, forgetfulness....what specifically? If you were fired, terminated or "let go" because of these type of problems, don't be afraid to say, "I was fired because.....I was absent too much, I couldn't keep up the pace, I couldn't sit as much as the job required....." or whatever.
QUESTION: Briefly Describe the work you have done during the past 15 years. (In 2020, this would take you back to 2005, and not any further).
3 things are important in describing your past work:
The title of your job or a brief description of what you did. For example, "Heavy Equipment Operator, Warehouse Worker, or Nursing Assistant." Or, "my job was to operate a grinding machine that made parts for automobile doors." If your job had several major parts, briefly describe each part.
What part of the day were you required to sit vs. stand/walk? For example: "I was on my feet, standing or walking, about 6 or 7 hours per day. I only sat down about 1 hour a day."
What is the heaviest amount that you had to lift and carry in each job? This is the maximum you ever lifted in the job, even it that was only occasionally. For example, "I usually lifted no more than about 20 pounds, but at times I had to lift up to 50 pounds."
Answering these 2 questions correctly can go a long way toward helping you win your hearing.
Hopefully, your attorney/representative will sit down with you prior to the hearing and go over other important questions that my be asked. Good preparation equals good hearings.
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