WHAT WILL THE JUDGE ASK YOU?

When you have your disability hearing, what questions will the judge ask you? You should know what to expect, so you can be prepared. Here are some of the typical questions.

1. When did you last work?

2. What caused you to stop working?

3. Why do you feel you are unable to work?

4. Have you been for any vocational rehabilitation? Why not?

5. What medical treatments have you had for your illness (or injury)?

6. Do you drive? How often?

7. Can you go out by yourself?

8. Do you shop for yourself?

9. Do you have children living with you? What are their ages?

10. What kind of things do you do for your kids? Help with homework? Bath or dress them?

11. How far do you think you can walk without resting?

12. About how long can you sit at one time?

13. How much can you lift? (This is a tricky question; not what you think it is)!

14. Why couldn't you work a simple sit-down job with little standing and very limited lifting?

15. Have you drawn unemployment since you filed for disability? (This is a problem if you did).

16. The record shows that you earned $3,683 in the second quarter of 2018 from XYZ Industries? What type of work did you do for XYZ?

17. If you're having so much pain, why aren't you seeing a doctor more often?

18. Do you have any other medical evidence that is not in your file?

Questions for Your Attorney (If you are represented)

• What is your legal theory of this case?

• Do you allege that the claimant meets or equals a listing? Which one?

• Is there a grid rule that provides a framework for a favorable ruling? Which one?

• The alleged onset date is June 13, 2019. Would you consider amending to 12/1/19?

• The record shows some drug/alcohol abuse in 2019 and 2020. Can you explain why this is not material to this case?

• Is the file now complete?

• I'm concerned about the $3,683 earned in the second quarter of 2018. Can you find out whether this represents wages or was it something else? I will give you 14 days to respond with appropriate documentation.

Social Security disability hearings are usually won or lost in hearing preparation. If your case has been well prepared, and you are well prepared, the hearing will usually go smoothly. If the case has not been well prepared prior to the hearing date, don't expect the hearing to be smooth.

The job of your attorney-representative is to prepare the case well and present it to the judge in a manner that makes the case easy to pay. Your representative can do much of the legal background work that saves the judge time when the case comes to a hearing. Weak areas or problems should be discovered and dealt with in advance, so they are not a surprise on hearing day.

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Speak to a hearing advocate at the Forsythe Firm about how we can help prepare your case and increase your odds of winning. Call (256) 799-0297 for a free consultation.