WHAT QUESTIONS ARE ASKED AT A DISABILITY HEARING (SSDI)?

At a Social Security disability hearing, you will be sworn in and the judge will briefly explain the purpose and process of the hearing. All participants will be introduced. Then, the Judge will ask you some questions, after which he/she will permit your representative to ask you questions.

Here are some of the questions you are likely to be asked:

• What is the highest level of education you completed?

• Do you have any vocational training?

• Are you now working; when is the last time you worked?What was your last job and what were your job responsibilities?

• Why did you stop working on (date)?

• Have you tried working since you became disabled? Why not?

• Where else have you worked in the last 15 years and what were your job responsibilities?

• Why do you believe you are not able to work?

• What treatments have you tried?

• Do your treatments have any side effects?

• How does your disability impact your daily activities?

• Do you need help with bathing or dressing? Doing housework or chores?

• How long can you sit, stand, or walk without needing a break?

• How much can you lift? (If you were lifting repeatedly on the job, day in-day out)?

• How often do you need to take breaks?

• Are there problems with short-term/long term memory?

• Do you have any difficulties concentrating or staying focused?

• What activities do you participate in regularly? Church, school events, sports, socializing?

• When did your disabling symptoms first appear?

Your attorney/representative will address technical matters such as: date last insured, alleged onset date, listings, medical-vocational guidelines (grid rules), past relevant work or unsuccessful work attempts. If there was testimony that was unclear, or which tends to damage your case, your representative will clarify that for the record.

Next, the judge will introduce a Vocational Expert (VE). The VE has 3 responsibilities:

1. To classify all your past relevant work (PRW),

• What was the exertion level of each past job? (sedentary, light, medium or heavy)?

• What was the skill level of each past job (skilled, semi-skilled or unskilled)?

2. To answer a series of "hypothetical" questions posed by the judge and how your ability to perform certain types of work would be restricted.

It is extremely important that your representative have an opportunity to re-direct or cross examine the vocational witness. The VE may testify, for example, that you can perform the work of office assistant, copy collator, or eye glass inspector. This has the potential to get your case denied.

Your representative needs to question these conclusions: How many eyeglass inspectors are there in the national economy? When were these numbers last updated? Have you ever observed one of these jobs? How would a restriction on the ability to (sit, stand, bend, stoop, balance, handle, finger, concentrate or remember) affect the ability to perform these jobs? How many breaks are allowed during an 8-hour day? What if more breaks are required? How many absences are tolerated per month? These types of questions may throw doubt on your ability to perform these jobs, based on your "residual functional capacity" and save your case. Only a trained representative is going to know which questions to ask, when to press for more answers, when to stop. Questions must be tailored to the VE's specific testimony.

You should never enter a hearing without an experienced advocate or attorney by your side.

The US Government Accountability Office (GAO) finds that claimants represented by an attorney/advocate are 3 times more likely to win than unrepresented claimants.