Learn about eight common mistakes to avoid at a Social Security Disability hearing. This video from Jebaily Law explains why claimants should avoid arguing their case, drawing conclusions, comparing themselves to others, appealing to a judge's sympathy, exaggerating their circumstances, or providing irrelevant testimony. Understanding these mistakes can help you prepare for your disability hearing, present accurate information, and focus on the facts relevant to your claim.
Transcript
Chapter 1: Don't Argue Your Case
Here are eight common hearing mistakes to avoid.
Number one: Don't argue your case. Your job is to testify to facts, describe your symptoms, give estimates of your limitations, outline your daily activities, and provide lots of examples of your problems.
Leave arguing your case to your lawyer. For example, do not use the line that starts with, "I worked all my life." Do not say, "I know I cannot work."
Number two: Don't try to draw conclusions.
Chapter 2: Don't Draw Conclusions
Don't draw conclusions for the judge. Let the judge draw his or her own conclusions. Do not make comments such as, "If I could work, I would be working," or, "I want to work."
If you say either of these, it may cause the judge to think about Stephen Hawking, who was wheelchair-bound and unable to speak but was a world-renowned expert in theoretical physics.
Many exceptional people with extreme disabilities work, but that is not the issue in a Social Security Disability case.
Chapter 3: Don't Compare Yourself to Others
Number three: Don't compare yourself to others.
Popular lines include, "I know a guy who has nothing wrong with him, but he gets disability benefits," or, "I know people less disabled than me who get disability benefits."
Another example is, "If I were an alcoholic, you would give me disability benefits."
None of these comparisons helps your case.
Number four: Don't try to play on the judge's sympathy.
Chapter 4: Don't Play on the Judge's Sympathy
Don't try to play on the judge's sympathy. It won't help, and it might backfire. Judges have heard it all.
Your financial situation, the fact that the bank is going to foreclose on your house, and similar circumstances are not relevant to the decision.
Number five: Don't try to demonstrate what a good person you are.
Chapter 5: Don't Try to Demonstrate What a Good Person You Are
Benefits are not awarded to the virtuous; they are awarded to the disabled.
Sometimes claimants bring up facts only to demonstrate their virtue, thinking that this will influence the judge. Trying to play on the judge's sympathy will not work and may backfire.
Number six: Don't tell the judge what an honest person you are.
Chapter 6: Don't Tell the Judge How Honest You Are
Many claimants think they need to tell the judge how honest they are. Do not say, "I am an honest person." That may backfire.
Your honesty will be demonstrated by your truthful testimony on relevant matters.
Number seven: Don't engage in dramatics.
Chapter 7: Don't Engage in Dramatics
You are supposed to tell the truth at your hearing. Putting on a show for the judge is the same as not telling the truth.
Number eight: Don't give irrelevant testimony.
Chapter 8: Don't Give Irrelevant Testimony
The judge cannot and will not consider these facts when deciding your case, so do not waste time talking about them.
These include your inability to get work, the lack of work in your local area, hiring practices of employers, technological changes in the industry in which you have worked, cyclical economic conditions, the lack of job openings, the fact that you would not actually be hired for a job, and the fact that you do not wish to work at a particular job.
