2 EXTREMES AT A HEARING
I spend a great deal of time preparing the claimant before a Social Security disability hearing. I want each individual to understand what will happen at their hearing.
There are 2 extremes that I have come to fear as I go into a disability hearing. They are exaggeration and minimization.
Exaggeration causes the claimant to lose credibility with the judge. A claimant may be so eager to win his disability benefits that he will try to make his symptoms sound much more severe than they are. I think some do this without realizing it. When a person testifies that they have pain on a 9 or 10 level all the time, can only lift 2 pounds, can only stand 5 minutes and are limited to walking no more than 50 feet, judges become suspicious. Most people, even severely disabled persons, can do more than that. So, obvious exaggeration is not only wrong, it hurts the case. The truly disabled person does not need to exaggerate.
Minimization. This is the opposite scenario. Without meaning to, a claimant can minimize their symptoms or functional ability. It may be very difficult for a claimant to admit that they are very limited in their ability to function, or that they cannot do the things they did before their disability. I even have claimants occasionally testify that they can lift up to 100 pounds--when I know this not to be the case. They often fail to realize that lifting is not a one-time thing but, as it applies to a job, must be done repeatedly over the course of an 8-hour day. Social Security uses the term "occasional" to mean "from very little up to one-third of an 8-hour day." Thus, "occasional lifting" can be up to 20 minutes each hour or almost 3 hours per 8-hour workday. That's a lot of lifting.
I think it's easy for individuals to minimize their emotional impairments and problems. It can be very difficult to express how depression, anxiety, panic attacks or concentration problems impact our daily lives. But judges need to know this in order to make solid decisions.
So, I now advise my clients to avoid exaggeration of their symptoms or impairments. Tell it like it is but don't try to make it sound worse. Also, don't go into denial and minimize your symptoms. The truth is a powerful tool. Trying to be clear and objective can be difficult under pressure. That's why I think it is so important for each claimant to really think about their symptoms, their limitations and their abilities before they walk into a hearing. They prepare themselves to give a more objective and correct picture for the decision maker.
My job is to help them know what to expect--the format of the hearing, the types of questions they will be asked, and how to accurately verbalize the truth about their impairments.
There are 2 extremes that I have come to fear as I go into a disability hearing. They are exaggeration and minimization.
Exaggeration causes the claimant to lose credibility with the judge. A claimant may be so eager to win his disability benefits that he will try to make his symptoms sound much more severe than they are. I think some do this without realizing it. When a person testifies that they have pain on a 9 or 10 level all the time, can only lift 2 pounds, can only stand 5 minutes and are limited to walking no more than 50 feet, judges become suspicious. Most people, even severely disabled persons, can do more than that. So, obvious exaggeration is not only wrong, it hurts the case. The truly disabled person does not need to exaggerate.
Minimization. This is the opposite scenario. Without meaning to, a claimant can minimize their symptoms or functional ability. It may be very difficult for a claimant to admit that they are very limited in their ability to function, or that they cannot do the things they did before their disability. I even have claimants occasionally testify that they can lift up to 100 pounds--when I know this not to be the case. They often fail to realize that lifting is not a one-time thing but, as it applies to a job, must be done repeatedly over the course of an 8-hour day. Social Security uses the term "occasional" to mean "from very little up to one-third of an 8-hour day." Thus, "occasional lifting" can be up to 20 minutes each hour or almost 3 hours per 8-hour workday. That's a lot of lifting.
I think it's easy for individuals to minimize their emotional impairments and problems. It can be very difficult to express how depression, anxiety, panic attacks or concentration problems impact our daily lives. But judges need to know this in order to make solid decisions.
So, I now advise my clients to avoid exaggeration of their symptoms or impairments. Tell it like it is but don't try to make it sound worse. Also, don't go into denial and minimize your symptoms. The truth is a powerful tool. Trying to be clear and objective can be difficult under pressure. That's why I think it is so important for each claimant to really think about their symptoms, their limitations and their abilities before they walk into a hearing. They prepare themselves to give a more objective and correct picture for the decision maker.
My job is to help them know what to expect--the format of the hearing, the types of questions they will be asked, and how to accurately verbalize the truth about their impairments.
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