3 mistakes not to make at your hearing

 There are three mistakes, in particular, that you should be careful to avoid during your own disability hearing:

  1. Straying from the Topic. KISS- Keep it simple stupid. Most ALJs will have read all your medical records prior to the hearing. The ALJ will know your case and have notes. The purpose of the disability hearing is for you to explain to the Administrative Law Judge (the ALJ) the physical and mental effects of your impairments. If you try to just gie your life story or talk about other impairments that the ALJ did not ask about  you’ll be wasting valuable time that you could be using to help the ALJ understand the only thing the judge needs to know about you disability case. So don’t talk about things how you really want to work, how hard it is to find a job, or other such complaints. It wastes the judge’s time and means you’re not talking about the one thing that matters at that moment – why you’re eligible for disability benefits. The hearing is limited in time because the ALJ will have other cases that day. 
  2. Focusing on Personality Issues. Too often, SSD applicants decide they need to convince the ALJ that they are good and honest people who must deserve to get the benefits they’ve requested. In most cases that’s probably true, but it’s not what the ALJ is there to decide. The ALJ needs to decide if you have a disability that qualifies you to receive benefits, not whether you are a good or bad person. Trying to get the judge’s sympathy can even backfire for some applicants. Instead, just be yourself and stay focused on explaining your disability – the ALJ will have a genuine impression of you by the time the hearing is done. The ALJ also will appreciate that you’ve stuck to the facts about your disability and why you are eligible for the SSD benefits you’ve applied for.
  3. Being Too Dramatic. You’re at the disability hearing to explain your disability to the ALJ. The best way to do that is to calmly and directly explain your disability, while following any suggestions or guidance provided by your attorney and the administrative law judge. You should stay calm and relaxed when answering any questions you’re asked, too. Remember, nobody will be trying to trip you up or trick you into saying something that will hurt your case. It’s all about understanding your situation and learning why you should get the benefits you’re seeking. If you put on an act for the ALJ, it’s likely the ALJ will see through it, and you’ll just make it harder to win your benefits claim. And if you get distressed during the hearing, or if you have problems testifying for any other reason, just let your attorney and the ALJ know. They’ll do their best to help.

In short, remember the purpose of the administrative disability hearing, and keep that in mind when you’re there. What you say or don’t  say can be as important as what you do and say during the hearing. Make the most of your opportunity to talk to the ALJ by being yourself. Explain your disability and its direct effects on you – including your inability to work. That’s all you need to do. Do not read off of your notes, the ALJ wants to hear from you, not a script. 

It is important to prepare for the hearing with your lawyer. 

Location: United States

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