A few claimants are successful at the application level, but most likely your disability claim will end up in appeal--and very likely in a hearing before an Administrative Law Judge. Many people wonder what questions they will need to answer, and how to prepare for this hearing.
Questions will generally fall within 2 broad categories:
1. YOUR EDUCATIONAL AND WORK BACKGROUND
- What's the highest grade you completed in school?
- Have you attended any colleges or vocational schools?
- Have you learned any skills that allow you to perform skilled work?
- What was your most recent job?
- Describe what you did in that job (duties).
- Be sure to state if you sat part of the time or stood/walked all day.
- State the maximum lifting/carrying you did (e.g., 30 pounds).
- Why did you leave that job? Urgent: The judge is trying to decide if you stopped working due to a physical or mental disorder, or some other reason that is not related to disability--and not covered by Social Security.
2. Your Medical Conditions and Functional Limitations
If you are represented, your counsel has already submitted your medical records, so the judge knows what illnesses or conditions you have. He/she wants to know how these conditions affect your ability to function in the workplace. So, direct your answers to limitations of functions (what you can and cannot do).
- How long can you sit? Stand? Walk? (in minutes)
- How many pounds do you think you can lift (repeatedly)?
- How often can you bend or stoop?
- Do you have any problems getting along with others?
- How long are you able to concentrate or remain on task?
- What physical or emotional problems did you have in your past job?
- How do your symptoms affect your personal life--in terms of
- driving?
- shopping?
- chores?
- hobbies and recreational activities?
- spending time with family or others?
Your age plays a very important part in whether you are disabled according to Social Security's rules. Here are some general rules that may not always apply but generally will:
Age 55 and Over
You must concentrate on why you cannot perform any "past relevant work" (PRW). This is any full-time work you have done within the immediate 15 years before applying for disability. So, in 2021, this will be work you have done between 2006 and 2021. Don't worry about jobs you had more than 15 years ago.
Under Age 55
You must prove you cannot perform any past relevant work and in addition, that there are not other, easier jobs you can perform on a full-time basis. Just because you are not able to perform any of your past work doesn't mean that you are disabled. You must go a step further and demonstrate that you are so restricted that you cannot perform any type of full-time work which exists in the United States economy, regardless of how little it pays. To use one example, if you are able to perform the work of an envelope addresser at minimum wage, the agency will find you "able to perform other work," and will deny your benefits.
Knowing what you have to prove and how to go about proving it are the main challenges to Social Security disability. Attorneys and professional advocates know the rules, the burden of proof and how to get the evidence required for the best chance to be approved. Never go to a Social Security disability hearing without a lawyer/advocate. You only get one hearing and you can't afford to lose it. This opportunity will never come your way again.
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The Forsythe Firm
Social Security Disability Specialists
FREE CONSULTATIONS
Call (256) 799-0297 "Serving Alabama and Tennessee"
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