Learn how you can get ready for any questions the Administrative Law Judge may have.
Most people are fortunate enough to go through life without ever having to appear in a court — or court-like — setting. Testifying in any capacity can be incredibly stressful. It is even more difficult if you know that what you say will determine whether or not you will be able to obtain something that you need and want, such as Social Security Disability benefits.
The Social Security Disability application process is complicated, and involves many steps. Unfortunately, many people are denied at the initial application stage, particularly if they file for benefits without the assistance of an attorney. You can then appeal your decision, with help from your Social Security Disability lawyer. Requesting a hearing from an Administrative Law Judge, or ALJ, can help improve your chances of having your benefits approved — but it can also be a scary prospect for many people. The thought of appearing before a judge and telling a highly personal story about your disability and why you can’t work is daunting to many people. Fortunately, an experienced Social Security Disability lawyer can help walk you through the process and ease your anxiety.
As an initial matter, it is important to know that these hearings are not as formal as trials in a courtroom. The hearing may be held at your local Social Security office, or even at a conference room at a local hotel. However, just because it is less formal than a courtroom does not mean that you should not take it seriously. It is still important to be well-prepared.
First, make sure that you dress appropriately and show up on time. While it may be tempting to get creative in how you dress to show just how disabled you are, remember that your clothes will not show that you are disabled. If anything, it may convey a lack of respect. Dress as though you are going to a job interview or to a religious event, and make sure to get there at least 15 to 20 minutes early.
Second, when you are answering questions, the following tips can be helpful:
- Be honest: while you may want to lie to “help” your case, the ALJ has access to your full case file. Lying will likely only hurt your case, and may be a basis to deny your claim.
Answer the question asked: pay attention to what the ALJ is asking you, and only answer what he or she has asked. Ask the ALJ to repeat the question if you do not understand it. Whenever possible, avoid veering into other topics. - Be specific: describe your pain and its location as descriptively as possible, along with any other symptoms that you may have. You should also be precise when describing how your impairment limits your everyday life. Ideally, you should practice this beforehand so you will not forget what you want to say. Using a 1-10 scale to describe your pain can often be helpful.
Describe how your life has changed: discuss the ways that your disability has affected your life, from preventing you from engaging in certain activities to interfering with your concentration to requiring friends and family to help you with everyday tasks. - Do not interrupt: wait until the ALJ has finished his or her question to respond.
Be prepared to discuss treatment gaps: if you did not receive medical treatment for a period of time, be ready to explain why — honestly. - Listen to your Social Security Disability lawyer: your attorney is a professional who has handled hundreds or thousands of hearings. He or she can help you prepare so that you have the best possible chance of being approved for benefits.
While the hearing process can be stressful, preparing in advance can reduce your anxiety and maximize your chances of your application being approved. Working collaboratively with your Social Security Disability lawyer can help you get to a place of comfort before your hearing, and help ensure that you are ready for any question that the ALJ may have.
At PLBH, our firm is committed to helping people apply for and obtain Social Security Disability benefits. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation and learn more about how we can help you apply for benefits.