DOs and DONTs for TESTIFYING AT YOUR DISABILITY HEARING
Your disability hearing before an Administrative Law Judge (ALJ) is your opportunity to explain how your medical and/or mental impairments prevent you from working. The hearing will be in a question & answer format, however, so do not make speeches or try to convince the ALJ about how disabled you are – that will usually backfire. Instead, just answer the ALJ’s questions, honestly and thoughtfully.
These are a few pointers I give all my clients before a hearing:
DO answer all questions out-loud, in words
DON’T answer by nodding or shaking your head, or saying uh-huh
DO tell the truth
DON’T exaggerate
DON’T omit relevant information
DO answer all questions fully
DON’T go off on a tangent – just answer the question that is before you
DO look the ALJ in the eye
DON’T read anything while testifying
DO listen carefully to the complete question before you answer it
DON’T interrupt the ALJ – ever
DO inform the ALJ if you do not understand the question
DON’T try to answer a question you do not understand
DO inform the ALJ if you do not know the answer to a question
DON’T make stuff up (this is a common problem with dates)
DO advise the ALJ if you are guessing or estimating in your answer
DO take your medication as prescribed the day of the hearing
DON’T take more than prescribed, as it may cause difficulty answering questions
DON’T skip your medication in order to appear more disabled than you are
DO arrive at least 15 minutes prior to the time scheduled for your hearing
DON’T show up late – this may result in a dismissal of your claim
Read more: What to Expect at a Disability Hearing
DO wear comfortable clothing
DON’T “dress down” to appear more disabled than you are
DON’T “dress up” unless that is normal for you – you need to be comfortable
DO stand up if you are uncomfortable sitting
DON’T sit in pain, especially if you have testified that you cannot sit for long
DO move around if you need to
DON’T walk towards the ALJ
DO treat the ALJ with respect
DON’T react if you feel like the ALJ is not treating you with respect
DO give the ALJ all the information that is pertinent to your disability
DON’T whine
DON’T talk about how honest and hardworking you are
DON’T tell the ALJ about how many taxes you paid
DON’T compare your disability to others’
DON’T tell the ALJ you can’t work because of the economy, how far you would have to drive, you don’t like working indoors, you couldn’t earn enough at minimum wage, you don’t know how to use computers … or any reason not related to your impairments.
This may seem like a lot but we can help coach you through this sometimes nerve racking ordeal. Let us help make your disability hearing a calm and smooth process. Contact us today.
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