WHAT WILL THE JUDGE ASK AT MY ALJ HEARING?
HIRE AN ATTORNEY TO PREPARE FOR YOUR ALJ HEARING
Be prepared for your ALJ hearing. You should hire an attorney to help you be a good witness. You need to think about the answers to some basic questions before you arrive. The hearing is being held to determine not only if you have a disability, but to find out how your disability prevents you from working.
The ALJ cannot figure out how severe your physical and mental impairments are unless you explain it. So, be ready to tell the Judge how long you are able to perform tasks. Also, be ready to explain how your symptoms stops you from doing everyday activities.
You can practice your answers in advance and it will help you win your ALJ hearing. It may sound silly, but if you have a friend or family member ask you questions and then, you answer them out loud, it will help. You need to get used to talking about your issues before the hearing. Practice makes perfect.
THE ALJ ASKS QUESTIONS AT THE HEARING
Chances are good the ALJ will begin the hearing with basic questions. First, you will be asked your name, your age, and marital status. The judge will also ask if you have any children at home under the age of 18. You will also be asked to describe your mental and physical impairments.
For example, if you have a back pain, then you will need to be able to describe where your back hurts. Is it the lower back, middle or upper back?
You also need to be able to state how the pain feels and how long it lasts. For example, does it burn, stab, or ache? Is it constant pain or does it occur five times a day for 10 minutes each time? You will not be able to stand up and show the Judge where it hurts.
Remember, the Judge is not a doctor. Neither is your attorney. They are not able to perform a physical exam. They can only listen to your explanation and review your medical records.
USE NUMBERS AND EXAMPLES IN YOUR HEARING TESTIMONY
You will also be asked how many pounds you can lift. Also, you will need to know how many minutes you can sit and stand at one time. Likewise, make sure to tell the judge how much you need to lie down during the day. These questions are critical to understanding whether or not your disability allows you to work.
If you cannot sit for 8 hours, then you cannot perform a desk job. Likewise, if you cannot stand for six hours at a time, then you cannot perform a light job. For example, cashier is a “light” job, because they stand the majority of the day. A “medium” level job is a construction worker. If you cannot lift 50 pounds, then you cannot be a construction worker.
Be ready to answer questions with numbers. For example, if the Judge asks you how much you can lift despite your back pain, then you should answer 10 pounds or less. Then, give an example of what you can lift around your house or at the store. Choose something that we all lift. For example, everyone has tried to lift a gallon of milk or a ten pound bag of potatoes. You should never respond to a question about lifting with this answer: “not very much.”
When you give vague answers it doesn’t help your case. Also, it doesn’t help the Judge understand how your symptoms impact you. For example, no one knows what “not very much” or “all the time” means. The best thing you can do for your case is to be ready to answer the Judge’s questions with specific answers.
WHY DOES YOUR HEARING TESTIMONY MATTER?
At the ALJ hearing, your testimony determines your residual functional capacity (RFC). The RFC determines your work capability. The ALJ will use your testimony to determine whether you can work or not. The judge will decide, based on your medical records and your testimony, whether you can work.
The categories of work are sedentary, light, medium, heavy, and very heavy. Each level of work has a specific definition. Sedentary work demands are less than light work demands, which are, in turn, less than medium. Below you will find the SSA’s definitions of three categories of work: sedentary, light, and medium. These will be the most likely be the categories of work that the ALJ will use to determine your RFC.
Another thing to consider is whether the SSA will consider whether or not you have more than one medical condition. The answer is yes. The SSA will consider all of your medical conditions. This includes your medical issues that are not “severe.” This is explained in the SSA’s regulations. It is important, when an ALJ determines RFC, to include your severe medical conditions and even those that are not severe. Find out about the ALJ options.
HIRE THE BEST SSD LAW FIRM TO WIN YOUR ALJ HEARING
Typically, in order to win SSDI and SSI benefits, you must go to a hearing. However, you should not go alone. Instead you should hire an attorney. When you hire us, we will prepare you to answer the ALJ questions.
At first you may find it frustrating to answer questions in a certain way. But preparation is key to helping the judge understand your illness. Make sure you hire an experienced lawyer to help you in court.
You can find out about our legal team on our About Us page. Dianna Cannon has won thousands of Social Security cases in the past 34 years. Brett Bunkall has also won hundreds of cases in Utah, Nevada, Idaho, and California. Andria Summers has over 23 years of experience helping clients win SSD benefits.
We know the law. We have won over $100 million in SSD benefits for our clients. Contact us today to hire a disability attorney with the legal experience to win your case. You have nothing to lose by hiring the best disability legal team.
