While our disability lawyers are very experienced at attending administrative law hearings, the one that you as a claimant must attend will (hopefully!) be your only one. The idea of speaking to a judge in a hearing office can be daunting for those who have no experience with the legal system. In addition, a lot is riding on that hour-long procedure: the appeal of your disability application. It’s easy to get nervous before and during a hearing, but by doing a small amount of research in the time leading up to your hearing, you can take off a lot of that edge.
Our earlier articles we have explained the process of a hearing, as well as the individuals who will be present. The administrative law judge, the vocational expert, and the medical expert all have an important part to play during the proceeding. We have not, however, covered who will be doing most of the talking: you. As a claimant for Social Security disability insurance or supplemental security income, it is important for your side of the story to be heard. In this article, we’ll look at some of the common questions asked by judges and disability attorneys at a disability hearing, and demonstrate why they are important.
What do you do in your free time?
Many claimants are confused when this topic comes up. What do your hobbies have to do with my ability to claim disability benefits?
Simply put, your medical conditions don’t just prevent you from working. A judge must also be able to understand how your disability affects your free time. When physical or mental medical conditions prevent you from doing strenuous activities such as sports or reading books, then this is relevant to the judge’s consideration. The most important form of evidence at a Social Security disability hearing is usually the medical records, but testimony like this helps develop your story, and more importantly, give the judge insight into how your condition has affected your life.
How much can you lift?
This is a common question for obvious reasons: the ability to lift heavy weights is crucial in many jobs, and a judge will often expect claimants to testify to this at their hearings. Here’s where it gets tricky: make sure you know your exact limitations. Social Security’s definitions of jobs contain very precise numbers as to what specific jobs have what specific duties. As we have discussed before, these usually range from lifting no more than 10 lbs. occasionally to lifting more than 20 lbs. frequently. Knowing your exact limitations can go a long way in helping a judge get a clearer picture of your case.
If your doctor has placed specific lifting restrictions on you due to physical difficulties, then part of the job is already done. The records will reflect this limitation. Regardless, you should still have a good idea of what you can and cannot do before the hearing. A good way of judging your lifting ability is a gallon of milk. Can you lift a gallon of milk to counter level? If not, why? What could you do to move it from the fridge to a table or counter?
Simple steps like this will prepare you for your hearing. This serves several important purposes. You’ll be less nervous, for one. More importantly, they will help your hearing for disability benefits go more smoothly. Let our disability law firm get you ready for your hearing. Our Social Security attorneys have a great deal of experience with these proceedings, and are always available to help you with your case.
