TYPICAL QUESTIONS DURING A DISABILITY HEARING

If your Social Security disability application is denied, you will next go to a hearing (if you live in Alabama).  The hearing is a fact-finding process during which you will be asked a series of questions by an administrative law judge (ALJ).  Your representative will also be allowed to ask you a series of questions to help pinpoint why you are not able to work.

While no two hearings are exactly alike, we have compiled SOME of the common questions that judges often ask claimants.  These questions are in no particular order and probably do not represent all of the questions you may be asked.  This compilation would be a starting point of commonly asked questions.  Remember that prior to giving any testimony, you will be placed under an oath or affirmation to tell the truth, so you testimony will be sworn.

  1. State your age and highest level of education completed.
  2. Tell me why you believe you are not able to work?  (Include physical and mental limitations).
  3. Describe your symptoms (pain, numbness, difficulty walking, etc.).
  4. Under what circumstances did you leave your last job?
  5. Your alleged onset date (AOD) is July 14, 2012.  Why do you believe you became disabled on that day?  (Why that day, not some other day? What happened)?
  6. When was the last day you worked (for pay) at ANY job--even for 1 day?
  7. Did you apply for or receive any unemployment benefits after your last day of work?
  8. Are you able to take care of your own personal hygiene--bathing, washing your hair, dressing yourself, etc?  Do you need any assistance?
  9. Do you take care of any pets or animals?
  10. What do you do each day at your house; how do you spend your time?
  11. Specifically, do you prepare your own meals, can you perform light household chores (laundry, wash dishes, dust and vacuum)?  
  12. Are you able to go shopping.  If so, how often do you shop and what do you shop for?
  13. How often do you leave your home?  Can you go out alone?
  14. Do you have any hobbies or social activities that you do regularly?
  15. Do you drive?  How often? When is the last time you drove?  How did you get to the hearing today?
  16. Who do you live with?  Do you have children at home?  Who cares for them?
  17. Do you live in a house, apartment or mobile home?
  18. Are there stairs in your home?
  19. Do you use any assistive devices to walk (cane, crutches, walker, etc.)
  20. Who prescribed your cane, walker or assistive device?  When was it prescribed?
  21. How much can you lift?  (See important notes at the bottom of this page) *
  22. How long can you stand at one time?  How long out of an 8 hour day (total)? *
  23. How far can you walk without resting? *
  24. How long can you stand? *
  25. Do you have any difficulty with bending, stooping, crouching, kneeling, reaching above your shoulders or above your head?
  26. Do you have any problem using your hands or fingers to grasp, hold, or perform fine manipulation (pinching, using fingers, sorting small objects, buttons, tying shoes, etc.)?
  27.  Do you smoke?  How much do you smoke?  When's the last time you smoked? How do you afford to buy cigarettes)?
  28. Do you use alcohol?  Have you ever abused alcohol or illicit (street) drugs?  When?
  29. Which doctors are you seeing for (heart, back, pain, neuropathy, whatever)? 
  30.  Tell me why you couldn't perform a sedentary job like gatekeeper at a parking garage or watching a security camera at a department store, things like that)?
IMPORTANT NOTES ABOUT QUESTIONS 21-24.

First, answer "how" questions (how long, how far, how much) with terms that mean the same to everyone and have definite meanings--such as feet, yards, minutes, hours, or times per day, times per week.  Avoid "sometimes, not very often, once in a while, type answers.  Example:  How often do you drive?  "About twice a week" instead of "not very often."

How much can you lift?  This is not a one time test to see how much weight you can get up.  You need to understand that the judge is really asking you:  How much can you lift on a persistent and regular basis, every day, up to 40 minutes out of an hour?  You have to lift this amount 8 hours a day, all day, for at least 40 minutes each hour.  You have to come back tomorrow and do the lifting all over again.  I don't want to hearing about lifting that you can only do for one day, then you would be absent for 3 days because of pain or because you hurt yourself and need 3 days to recover. I am asking what you can lift daily, up to 40 minutes out of every hour, and do that 8 hours per day, 5 days per week, 52 weeks out of the year?

Most judges will not explain the question in that detail.  But this is what is implied under Social Security regulations.  So, please, don't go in there and brag about being able to lift 50 or 75 pounds.  Really?  That much on your job, every day, 5 days a week, 8 hours a day, up to 40 minutes out of each hour--for 52 weeks out of the year?  Be sure you understand the implications of the "how much...how long...how far....or how often...questions before you answer them.

Questions 22-24, same as above.  How long can you stand comfortably before you begin to hurt or get fatigued and need to sit down and rest?  This is not a torture or endurance test:  it is a "how long can you stand if you are standing as part of your job and you don't want to hurt yourself or have to go to the hospital or miss 3 or 4 days of work to recover."  It is vital that you understand these "how to...how much...how long" questions.

At stake here is, What is your Residual Functional Capacity (RFC)?  Are you limited to sedentary or light work?  Or can you perform medium work?  Evaluate the "how much...how long...how far" questions before you answer--and give a truthful, realistic answer.  It takes a pretty fit individual to lift up to 50 pounds all day, 8 hours a day, 5 days a week and come back next week to do it all over again.  If you can do that, and don't have some additional non-exertional limitation, then you probably should not be filing for disability.

   

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