THINGS YOU DON'T KNOW--ABOUT YOUR DISABIITY CASE

You have applied for disability benefits, been denied, appealed and are waiting on a hearing.  The day of your hearing finally arrives.  You enter the hearing nervous and wondering what to expect.  There are several odd things taking place that you are unaware of.  I want to share some of these things with you.

(1).  You are not trying to prove that you are disabled now, on the date of the hearing.  You are trying to prove that you  became disabled at some earlier date, called the Alleged Onset Date or AOD.  This may be the date you had to stop working.  Or it might be the date you had an accident, a heart attack or were diagnosed with a severe illness.  But you must take your disability back to that date.  You did not become disabled just as you walked into the hearing.  So, think in terms of WHEN you first became unable to work.  Take your symptoms and functional limitations all the way back to that date--and from that date forward until today (the hearing date).  This determines how much past due benefit you can get.

(2).  When asked about jobs you performed in the past, be clear and precise about each job.  Briefly summarize what you did at each job.  For example, "I ran ran an aluminum stamping machine that made soft drink cans."  State how much you were on your feet during a typical day and also what the maximum weight you lifted at each job.  The vocational expert sitting at the end of the table will classify each past job (going back 15 years).  She will later be asked if you can still perform any of those jobs, given your current functional limitations.  If the answer is Yes, you have probably lost your case.  So, those past jobs are more important than you might think.  To help the expert properly classify each past job, specify the maximum weight you ever lifted, and how much of an 8-hour workday was spent standing and/or walking.

(3)   When asked about seemingly innocent daily activities, you are really giving the judge information about whether there are jobs you can perform.  Can you prepare meals, clean hour house, drive, do grocery shopping or mow your grass?  When's the last time you went on vacation?  Where did you go?  What are your hobbies?  Judges often ask these questions in the warmest, friendliest manner.  Here is what they are fishing for:

     Can you stand and walk up to 2 hours at a time?  Can you sit for 2 hours or more (long enough to ride to Six Flags on vacation)?  Are you able to push and pull (as in operating a lawn mower or pushing a shopping cart)?  Do you have adequate ability to get out in public, make simple decisions and perform short, simple tasks (grocery shopping, paying bills, attending school functions)? Can you lift and carry a gallon milk?  If so, you may be able to perform sedentary work. In short, how normal are your activities of daily living?  Are you severely restricted?  If not, you are probably not disabled under Social Security's rules.

While you should be absolutely truthful about your activities of daily living, you should also explain problems, struggles and difficulties in performing any of these activities.  For example, don't simply say, "Yes I can buy groceries," if you actually have to ride a motorized cart when you go to Wal Mart, or if you need assistance with loading or unloading your groceries.  If you can only cut your grass with a riding mower and you require a break every 20 minutes due to pain," don't simply say, "Yes, I can cut my grass."  Explain your limitations truthfully and fully.

Since you are not presently working, the judge has only one way to decide if you can still perform work activities:  that is by judging your at-home activities on a day to day basis.

You have legal counsel, your representative will prepare you in advance for the testimony you are about to give at your hearing.