Most disability applications are denied and the claimant must wait a year or longer to get a hearing before a judge. At the hearing, you will be asked a lot of questions. It is in your best interest to answer truthfully, give details, avoid rambling or getting off subject and be as specific as possible.
Unless, you are asked, there are some topics that you shold avoid altogether:
- You live in a region where no jobs are available at this time.
- You have family members who are currently receiving disability payments.
- You can't get to work because you don't have transportation or can't drive.
- You have a criminal background
- You have failed to follow the instructions or orders given by your doctor
- You have failed to take the medication prescribed by your doctor
- You haven't really tried to get recent medical treatment.
- You have had problems with alcohol or drugs
- You quit your most recent job for a non-medical, non-disability reason.
- You believe there are some jobs you could do if you could only find one.
- You are more entitled to a benefit than many other people who are getting one.
The judge will want you to speak in terms of how your medical condition prevents the ability to do work related functions. How does your condition keep you from sitting, standing, walking, lifting, paying attention, using your arms, feet or hands, etc.
It is not necessary for you to address your conditions in medical or diagnostic terms. The judge has your medical records and knows all of your conditions and diagnoses. Don't bother to tell the judge that you have spinal stenosis, degenerative disc disease or type 2 diabetes, for example. Talk about how your conditions affects your ability to do things you would have to do at work: stand, walk, lift and carry, reach above your head, or stoop/bend.
One of the things your attorney will do for you is meet with you in advance of the hearing and prepare you to testify. That way, you go into the hearing knowing what to expect.
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