When individuals apply for Social Security Disability benefits, they will have to go before an Administrative Law Judge for a decision. The judge will ask questions to the applicant to determine if he or she is eligible for benefits. In many cases, applicants are denied after the first, and often the second time they apply, so providing adequate information is vital.
When you go to the hearing, you will testify as to your need for SSD benefits and demonstrate that you are disabled according to the law. To best understand your situation, the judge will ask you about different components of your life, including your disability and your ability to make a living.
If an attorney is representing you in your case, he or she will ask you questions that will help the judge better understand your situation. An attorney is a great ally when you go before the judge as he or she will know what to ask so the judge will hear the appropriate information. The following are some categories of questions that you should be prepared to answer at your hearing.
Questions Detailing Your History and Lifestyle
The first category of questions will refer to your background and how you live day-to-day. You will be expected to discuss your education, your family, where and how you live, and your lifestyle. The judge may want to know about your life before you became disabled and how active you were then compared to now.
You should also be prepared to talk about how your disability affects your lifestyle today. If you suffer from chronic pain, for example, you may be asked to talk about that so that the judge can determine how much your disability will limit your ability to work at a typical job.
It is best that you fully disclose how your disability limits your ability to perform regular daily tasks. The judge will want to understand any limitations you have regarding the completion of things like doing your laundry, cooking meals, or taking care of your finances.
Your Past Work History
If you have a work history at all, you will need to be ready to discuss it thoroughly. You will talk about the functions of your past jobs, the duties and responsibilities you held, and all the physical demands of your work.
It may be necessary for you to recall the percentages of physical movement required by your jobs, such as how often you had to sit or stand, how much weight you were required to lift, how much you had to bend or stoop, and the like.
The Nature of Your Disability
The most important part of your testimony will be the disclosure of the disability. You will need to be prepared to provide a complete list of your doctors, how often you visit, and all prescription medications that you take or have taken. The judge will want to know whether or not the medications have alleviated the symptoms of your disability.
The judge will want to establish your credibility by ensuring that there is a consistency in your medical records. For instance, if there are large periods of time in between doctor visits, you will need to explain why you did not need medical attention for your disability during that gap.
There could be a number of reasons you can provide, such as lack of insurance or improved symptoms. Just be prepared in the event that you are asked about a gap in treatment.
The judge just wants to ensure that you have a disability that will prohibit you from holding a job to support yourself. If it appears that you have long periods of good health, he or she may not see the need for SSD benefits, as you will be expected to work during those times.
If you need assistance obtaining SSD benefits or need an attorney during your hearing, please contact
Green Disability Law.