TIPS FOR TESTIFYING AT YOUR DISABILITY HEARING

A Social Security hearing is a fact finding mission. The presiding administrative law judge (ALJ) will question you to determine if you meet the specific guidelines to receive a disability payment. Here are some tips that will help you give effective testimony.

1. You will be answering direct questions. Most of your testimony will be answering questions proposed by the judge or your attorney. You are not expected to make a speech or an argument about your qualifications. Just answer questions.

2. Be as specific as possible, especially on questions involving "how long, how far, how much or how often." Avoid general answers like "not much, a little while, not very often or not very long." Use terms that have definite and defined meanings: minutes, hours, feet, yards, how many times per day, how many times per week, etc.

3. Never exaggerate. The judge will expect your testimony to be consistent with what's in your medical records. Think carefully before using words like "constantly, always, never," etc. For example, if you say, "I never drive," the judge's next question will be, "When's the last time you drove?" If you answer "last week," you have just contradicted yourself.

4. Don't try to answer questions you don't understand. Ask, "Could you explain that question; I'm sure I understand." Judges will reform questions to make them more understandable.

5. Don't ramble. The judge will expect a straight, direct answer. Don't give unnecessary detail. For example, "Do you smoke?" If you don't, simply say, "No," and stop. If you do smoke, say "Yes," and stop. If the judge wants more, he/she will ask for it.

6. Prepare for these two questions, always:

   1. Why did you stop working? (The answer must indicate an inability to do the work).

   2. Explain why you believe you are disabled. (Specific functional limitations involving, sitting, standing, walking, lifting, bending, concentrating, etc. will help). "I had to stop working because my back and leg pain made it impossible to perform the standing, walking, bending and lifting required of my job." (Note the specifics).

7. Let your attorney handle the vocational witness. This expert will usually give testimony that you disagree with. Don't interrupt him/her. When the expert's testimony is complete, your attorney will cross examine to minimize any damage done by the testimony.

Perhaps the most important tip is this: Meet with your attorney/representative and prepare for the hearing. I like to meet with my client 2 or 3 days before the hearing date. This is close enough that the claimant won't forget what we discuss. You should go into the hearing with a pretty full understanding of what is going to happen and what is expected of you. In the weeks prior to your hearing, communicate with your attorney and provide details about the latest medical treatment, so records can be obtained. It takes 4 to 6 weeks at best to get medical records, even longer to read and understand them. Don't spring medical evidence on your attorney a week or two before your hearing. The judge will expect the medical record to be complete. In other words, he/she will expect all (all) medical records to be submitted at least a week prior to the hearing date.

(This is informational only and does not substitute for hiring an attorney or professional advocate to assist you with the hearing. Each case is different and there is no "one-size-fits-all" preparation).