Applying for Social Security Disability benefits can be a complex and stressful process. One critical aspect of your claim is the disability hearing before a Social Security judge.
It’s essential to understand that judges may ask “trick questions” during the hearing. Not to deceive you, but to evaluate your credibility and the consistency of your statements with your medical records.
Why Social Security Judges Use Trick Questions
Social Security judges often ask questions to which they already know the answers. Their primary goal is to assess your credibility as a witness.
If your testimony contradicts information in your medical records or previous statements, it could negatively impact your case.
For example, a judge might ask, “Do you smoke cigarettes?” If you respond “no,” but your medical records indicate that you do, this discrepancy can harm your credibility.
It’s crucial to answer honestly, even if you think the truth might not support your case. This also goes for any prior drug use.
When practicing for your disability hearing, which we do with all our clients, we tell them to “own” their personal history in this regard. Current illegal drug use will generally kill your chances of winning your case.
Avoid Using Absolutes in Your Responses
Using absolute terms like “always” or “never” can be problematic, because they leave no room for exceptions, which might exist in your situation.
For instance:
Alcohol Consumption
If asked, “Do you drink alcohol?” avoid saying “I never drink” if you’ve had a drink within the past year.
A better response would be, “I rarely drink” or “I might have a beer on special occasions.”
Activities and Abilities
Instead of saying “I can’t do any cooking,” you might say, “I can prepare simple meals like sandwiches or use the microwave, but I can’t cook anything that requires standing for long periods.”
Common Trick Questions and How to Answer Them
Here are some typical questions judges might ask, along with guidance on how to respond:
Has Any Of Your Medication or Treatment Helped?
Trap: Denying any improvement in your condition when the medical records indicate some improvement.
How to Answer: Be honest about your condition. For example, “My medication has cut the number of headaches from 4 a week to 2, but I sleep a lot more and fee groggy.”
Do You Do Any Cooking?
Trap: Claiming you do no cooking at all, which might be inconsistent with your daily activities.
How to Answer: Acknowledge any minimal cooking you do. For instance, “I can make simple meals like cereal or sandwiches, but I can’t stand long enough to cook full meals.”
Do You Drive?
Trap: Saying you don’t drive when you occasionally do, which could be revealed in your medical records.
How to Answer: Provide an accurate picture. “I rarely drive because of my condition. On occasion, I might drive short distances to the grocery store when no one else is available.”
Do You Use a Cane or Other Assistive Device?
Trap: Claiming you always use a cane when you don’t have it with you at the hearing.
How to Answer: Be specific about your usage. “I use a cane when walking long distances or when my pain is severe, but I didn’t bring it today because the distance from the parking lot was short.”
How Long Can You Sit?
Trap: Stating you can only sit for a short time but sitting through a lengthy hearing without showing discomfort.
How to Answer: Explain your limitations accurately. “I can sit for about 15 minutes before needing to change positions due to pain. During the disability hearing, I might need to stand or adjust my seating to stay comfortable.”
Tips for Maintaining Credibility
- Be Honest: Always tell the truth, even if you think it might harm your case. Dishonesty can severely damage your credibility.
- Provide Details: When answering questions, offer explanations that give context to your abilities and limitations.
- Prepare with Your Attorney: Practice answering potential questions with your disability attorney to ensure your responses are clear and consistent.
- Acknowledge Medical Records: Remember that judges have access to your medical records. Ensure your testimony aligns with the information they’ve reviewed.
Understanding the Judge’s Perspective
Judges are not trying to trick you maliciously. They are doing their due diligence to determine the validity of your claim. By asking these questions, they assess whether your reported limitations match the medical evidence and daily activities.
Preparing for your Social Security Disability hearing involves more than just presenting medical evidence. Your testimony and how you respond to the judge’s questions play a significant role in the outcome of your case.
We do a disability hearing prep meeting where we go through the questions the judge is likely to ask. Avoid absolutes, be honest, and provide detailed explanations to ensure the judge has a clear understanding of your situation.
If you’re facing a disability hearing and need guidance on how to navigate potential trick questions, we’re here to help.
At The Krebs Law Firm, we’re dedicated to helping you secure the disability benefits you deserve. With extensive experience in Social Security Disability law, we understand the intricacies of the disability hearing process and are here to support you every step of the way.
At The Krebs Law Firm, we fight as hard as we can to help you get the disability coverage you deserve. Call our Springfield office today for a free consultation at 417-883-5886, our Columbia office at (573) 886-8976 or toll free at (800) 345-0535.
It can be daunting learning the ins and outs of Social Security Disability benefits, but it’s not a task you need to take on alone. Call on a Missouri Disability Attorney from The Krebs Law Firm to help you every step of the way.
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The Krebs Law Firm provides free consultations for Social Security Disability claimants, and we don’t get paid unless we win you the compensation you deserve. Set up your appointment with us without delay. You can reach our Springfield office at 417-883-5886, our Columbia office at (573) 886-8976 or toll free at 800-345-0535.
A Missouri Social Security disability lawyer can help make the process of getting the full amount you’re owed much easier. The Krebs Law Firm offers free consultations, and all it takes is giving us a call today.
Whether you’re making an initial Social Security Disability claim or striving to make an appeal, The Krebs Law Firm knows the ins and outs of the application process and offers free consultations to potential clients. You have nothing to lose by contacting us and everything to gain.
If you seek the help of a Social Security Disability attorney in Missouri with your claim, the Krebs Law Firm has years of experience in helping our clients receive the full amount of Social Security Disability benefits that they rightly deserve in as timely a manner as possible. We know the ins and outs of the Social Security Disability process and would be happy to work with you.