TRICK QUESTIONS AT DISABIITY TRIALS

I call them "trick questions."  I'm not sure the judge thinks of them as trick questions--but they can puzzle claimants and lead down a path that you don't want to go.

What are some of these questions?  There are many of them but I'll give 2 or 3.

# 1.  "Why did you stop working back in (year)?"  Or, "How did your job at (Employer) end?"

If you can't honestly answer, "I had to stop working because I became unable to do my job," then you are probably not a good candidate for Social Security disability.  Remember that Social Security (SSDI) is a disability program.  It pays for disability and nothing else.  If you stopped working for any reason other than a physical and/or mental impairment that made you unable to work, you will not qualify for SSDI benefits.

#2:  "Did you look for other work after you left (Employer)?"

If you looked for another job, it leave the impression that (a) you considered yourself able to work and still in the job market, and (b) the only reason you are not working is because you couldn't find a job.  Both of these conclusions would have a very negative impact on a disability claim.  Can you honestly answer, "I did not look for work because I didn't believe I was able to work"?  

#3:  "You may not be able to do the kind of work you have done in the past; but do you feel there may be easier or lighter work that you can perform?  For example, if you had a job without much standing, walking, lifting or bending--could you do that kind of work?

In most cases, especially with claimants under age 50, if you are able to perform ANY type of full-time work, you will be denied SSDI benefits.  For example, you can no longer do construction work but you could be a garment folder, a ticket taker or a document preparer.  

There are many tasks involved with full-time work that do not involve standing, walking, bending or lifting.  Are you able to work 8-hours every day, 5 days per week?  How many days per month would you be absent because of health problems?  Are you able to perform the mental tasks of full-time work, such as concentrating for prolonged periods, getting along with coworkers and supervisors or understanding, remembering and carrying out simple instructions?

If you can work most days but not on a "regular and continual" basis, you probably meet Social Security's definition of disabled.  If you could work 3 or 4 days per week but not 5, you are legally disabled.  If you can work  5 or 6 hours per day--but not 8 hours, you are disabled. If you require special accommodations--such as extra or longer breaks--you may be disabled.

A judge must review your objective medical evidence along with your truthful testimony at the hearing and decide if you meet Social Security's rules for SSDI or SSI benefits.

Never hesitate to ask that a question be clarified or explained before you try to answer it.  Be sure you understand the question before you try to answer.  Questions that seem tricky or puzzling may not be once you have had time to think about them.