"TRAP QUESTIONS" AT DISABILITY HEARINGS

Claimants need guidance about answering questions at Social Security disability hearings.  I always advise my clients first and foremost to tell the truth, not to exaggerate and to be candid with the administrative law judge.  But claimants do need some preparation as to what kind of questions to expect.  They also need to know that some questions that seem like idle banter can be "trap questions."

"How many grand kids do you have?  Do you play with them?  Can you lift the five year-old?"  Those are not harmless questions.  They can translate into, "You tell me you have a bad back and you can lift 60 pounds?"

"Do you like to go fishing?"  Sounds harmless?  But it can lead to, "The claimant admits to recreational activities such as fishing."

 Any area of your daily personal activities can be misconstrued.  For example, "How many dogs do you have?  Who takes care of them?"

 All of these questions should be answered honestly.  But the answers should give the full picture.  For example, "Yes, I have 3 dogs.  But my husband feeds and bathes them and I normally don't work with them very much."  Or, "I have always enjoyed fishing; however, my health doesn't permit me to fish as much as I once did."

 While I always advise clients to be fully truthful, I think that is a two way street.  A claimant deserves to have a disability decision based on the complete, true picture of his or her activities and limitations, not a snippet construed to mean more than it says. 

Should you rehearse your answers before the hearing?  No.  But you should be aware of the kinds of questions you may be asked and be prepared to give a full explanation, not a faulty impression.

 

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