The GENEX Social Security Disability Blog

At a Social Security disability hearing, the way in which the administrative law judge might phrase his or her questions could be confusing. In the case of questions about your sitting and standing limitations, it is important that you understand just what the judge means by a particular question. Your Social Security disability representative will be able to explain and guide you both before and during a hearing.

Mental limitations are difficult to address in a general fashion. Almost inevitably, they are unique and often require a great deal of specialized advice, help, and preparation. If mental limitations are the only disability which qualifies you for Social Security disability benefits, you should consult an experienced Social Security disability representative.

If your mental limitations exist in combination with physical impairments, you should discuss both sides of your disability with your Social Security disability representative. When an individual has been suffering from a seriously painful and chronic condition, he or she will often develop emotional problems running concurrently with the physical ones. Sadly, many who suffer from mental issues due to physical impairments are ashamed of expressing the emotional side of the pain. In contrast to this fear, developing emotional issues is a very common situation. In fact, it is normal enough that it is more surprising to find a severely physically impaired individual without them than with them.

If you have been denied Social Security disability benefits, a disability representative may be able to help you prepare for your hearing at the appeals stage. Here is some general information on what you can expect at your hearing.

The Administrative Law Judge who presides over the hearing might begin your hearing by restating your “case history” and describing what are issues are to be decided, such as exactly what you have to prove in order to be eligible for disability benefits. However, the explanation might not be simple or easy to understand; the judge might simply recite the legal definition of disabled, which is that one must be “unable to perform substantial gainful activity which exists in significant numbers in the economy, considering your age, education and work experience.” That might sound confusing, and you might interpret this to mean that you must be chronically bedridden and unable to move in order to qualify. However, that is not the case.

If you have applied for Social Security disability benefits and your claim is denied, it is important that you make the utmost effort to appeal on time. The denial letter will state the window of time during which you are able to appeal. If you cannot apply on time for a reason acknowledged as good cause by the Social Security Administration, you might be able to request an extension on the deadline to appeal. If the appeal is for a hearing, you should get the advice of a Social Security disability representative in preparation for it.

If you do not appeal your denial within the allotted amount of time, you can ask Social Security to extend the deadline by finding that there was good cause for missing it. In order to ask for an extension, you should appeal and include a detailed letter explaining the cause for the tardiness of the review of the determination or decision. You may have to include an affidavit if the circumstances call for it. Your time limit will be extended if Social Security finds that you have good cause for your untimely request.

A medically determinable impairment is one your doctor can diagnose based on anything more objective than just your description of your symptoms. This objective data can include any sort any visual evidence of a disability visible with x-ray, MRI, or the naked eye. It can also include the results of physical testing, e.g. the touch test for fibromyalgia. If your doctor has such objective evidence supporting her diagnosis of your symptoms, the Social Security Administration will almost always find that your impairment is "medically determinable."

Residual Functional Capacity

If you are considering applying for Social Security disability benefits, a disability representative can help you prepare for your hearing. One of the decisions you may have to make is whether you want to appear at your hearing in person or by video.

The Social Security Administration prefers video hearings and has been trying to push for their use for some time. They have been sending out brochures encouraging claimants to go with a video hearing because, a video hearing is very similar to a hearing at which you appear in person.

Video recording equipment allows you the chance to get your hearing sooner, which may be something to take into consideration; however, if you do not wish to appear by video, Social Security regulations allow the Administrative Law Judge to change the time or place of your hearing, and may reschedule the hearing to accommodate your availability. This gives you veto power over your own video appearance.

When you appeal your Social Security disability claim at the hearing stage, you will be asked to describe your symptoms, in other words, how you feel. You are the best authority on this subject, so be prepared to talk about when you hurt and when, when you feel dizzy or short of breath or weak. It’s up to you to describe what your symptoms are and why they prevent you from working. It’s not just because you “have arthritis” or “have a lung condition” that you can’t work, it’s because of how that condition makes you feel.  So the answer to “Why can’t you work” is not “Because I have arthritis.”  There are many people who also have arthritis who are still able to work, so that information is not very useful to the judge.  It is better to focus on the severity of your condition and how much pain it causes.

Be as specific as possible about your symptoms. Try to describe what you feel like the same way you have described it to your family. Talk about the location, duration, intensity, and nature of your pain, and whether it travels around your body or stays in one place. Does it differ from day to day? Are there certain triggers that make it start, certain things that make it worse or makes it better? Describe all these to the judge as thoroughly as you can. Don’t exaggerate, but don’t understate your condition either. Be truthful and specific.

The most crucial thing to remember for your Social Security disability hearing is to testify truthfully. Don’t try to anticipate whether a question the judge asks you will help or hurt your case or why the judge is asking. Be honest about what tasks you can perform and what tasks you can’t. Giving the judge reason to suspect you are not being entirely truthful is the best way to lose your appeal. Don’t act or use theatrics during your hearing—don’t cry or pretend to be in more pain than you really are. However, don’t minimize your pain or silently endure it either. Ask the judge for permission to take a break if you need to, and stand up if you are uncomfortable sitting down for long periods of time.

The Social Security Administration understands that the symptoms of your disability are subjective and that it may be difficult to quantify exactly how impaired you are. In fact, the SSA has previously ruled that the level of disability and impairment cannot always be objectively measured by clinical or laboratory testing.