After representing people before Social Security judges for 35 years, there are some common things one should know:
First, in a chronic pain case, you will be asked what your pain level is from zero to ten. You should be careful to claim it was a nine if all of your medical records state that you said it was a three or a four. Your complaint about this will not be credible if you hunt, fish, camp, garden, drive laps, ride a bike, etc. Also, your severe pain claim may not be believed if you don’t take narcotics and can get by with over-the-counter Advils.
Second, in almost all cases, you will be asked how long you can sit, how long you can stand, and how long you can lift. Again, this should be consistent with your medical records. This is especially the case if your doctor has completed a functional capacity assessment of your residual ability to perform various activities. You should review this before the hearing.
Third, you will be asked about the side effects of your medications. This could be important if the side effects are disabling. However, you need to make sure that the side effects are side effects that result from the particular drug. Also, even if you are taking a drug that could cause side effects, it does not mean that it causes side effects for you (especially if you have never complained about these drugs in medical records).
Fourth, you must tell the truth about everything. The judge is most likely very familiar with your medical history. Therefore, if you exaggerate your complaints and your medical history contradicts it, the judge will not believe you. Also, if a friend or family member testifies on your behalf, you need to make sure that you and the witness are on the same page. It won’t do you any good if your friend tells you that you ride a motorcycle with him when you say you’re bedridden.
Fifth, often a vocational expert will testify at your hearing. It is important that the consultant listen to your testimony. Generally, it will be a neutral witness. The vocational consultant will be asked to indicate the skill level and strength level of all the jobs they have done in the last 15 years. The judge and perhaps your attorney will then ask the consultant a series of hypothetical questions. Often times, the first question will ask the consultant to assume that you have the same restrictions that Social Security previously established. Of course, this will elicit a response that you can make your previous work relevant or some form of light work. Hopefully, there will be additional questions for the consultant based on your disabilities and your testimony that will result in positive responses from the consultant that will help you win your case. One question would simply be if you are credible about your complaints, would the expert rule out all the papers?
In summary, here are five tips from your Social Security disability testimony.