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Advice
for testifying

at your Social Security
disability hearing
Testify
Truthfully
The most important advice
anyone can give you about a
Social Security hearing is:
Tell the truth.
?

Don’t try to figure out
why the judge is asking a
particular question or
whether your answer
will help or hurt your case.
Be candid about your
strengths as well as
about your limitations.
The best way to lose
a good case is for
the judge to think
that you’re not
telling the truth. So,
testify truthfully.
Don’t do any
Play-acting
for the judge
That is, don’t pretend
to cry or be in more
pain than you are.
On the other hand, you
need not suffer
silently or minimize
your problems
when you tell the
judge how you
feel. If you need
to take a break
from the hearing,
ask the judge for
permission.
If you are
uncomfortable
sitting and it
would help to
stand up for a
while, you may
do so, and you
should not be
embarrassed
about it.
Tell your
story fully

and with details

This will be your chance to
tell the judge everything
you want the judge to
know about why your
condition prevents you from
holding a job.
Many people think
that since they are
dealing with the
government, they
should keep their
mouths shut, give
the shortest
possible answer
and not volunteer
anything.
Although this is
usually a good
approach when the
government is trying
to do something to
you, the opposite is
true when you
are asking the
government to do
something for
you.
You need to provide
enough facts, details, and
explanation in your
testimony to make it
obvious to the judge that
you are disabled.

ACTS
F

DETAILS
ATION
EXPLAN
When you
don’t know
an exact date,
approximate
You may be asked when
something happened.
If you don’t
remember the exact
date, don’t worry.
Few people can
remember
precise dates for
events in their
lives. If you
don’t remember
the exact date,
say so.

?
Then, do your
best to give an
approximate
date, or a month
and year, or a
season and year,
or, if you cannot
remember more
accurately, just
the year.

2011
Getting dates
wrong is something
that all of us,
including the judge,
do from time to
time. Some people
are worse than others
with dates. The judge
won’t think you’re
being untruthful if it
turns out that a date
is wrong.

2008
2009
2010
2011!
Speak clearly
for the
recording
Each hearing room has its
own recording equipment.
It is important for you to
speak clearly when you
answer questions.
The microphones are
very sensitive so that
they will pick up your
testimony from
anywhere in the room
if you speak loudly
enough for the
judge to hear you.
However, shaking
your head won’t do;
neither will
pointing at a part
of your body
without stating
out loud what
part of your
body you are
pointing at.

Yes,
judge!
Also, “uh huh”
and “huh uh”
answers do not
transcribe as well
as “yes” and “no”
answers. So try
to say “yes” and
“no” if you can.

Yes.
No.
Expect
to answer
questions
about these
6 topics
1.

2.

Your work
history
4.

5.

Your
symptoms

Your work
limitations

6.

Your
education
3.

Your
medical
history

Your daily
activities

© James Publishing

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Advice for testifying at a disability hearing

  • 1. Advice for testifying at your Social Security disability hearing
  • 2. Testify Truthfully The most important advice anyone can give you about a Social Security hearing is: Tell the truth.
  • 3. ? Don’t try to figure out why the judge is asking a particular question or whether your answer will help or hurt your case.
  • 4. Be candid about your strengths as well as about your limitations. The best way to lose a good case is for the judge to think that you’re not telling the truth. So, testify truthfully.
  • 5. Don’t do any Play-acting for the judge That is, don’t pretend to cry or be in more pain than you are.
  • 6. On the other hand, you need not suffer silently or minimize your problems when you tell the judge how you feel. If you need to take a break from the hearing, ask the judge for permission.
  • 7. If you are uncomfortable sitting and it would help to stand up for a while, you may do so, and you should not be embarrassed about it.
  • 8. Tell your story fully and with details This will be your chance to tell the judge everything you want the judge to know about why your condition prevents you from holding a job.
  • 9. Many people think that since they are dealing with the government, they should keep their mouths shut, give the shortest possible answer and not volunteer anything.
  • 10. Although this is usually a good approach when the government is trying to do something to you, the opposite is true when you are asking the government to do something for you.
  • 11. You need to provide enough facts, details, and explanation in your testimony to make it obvious to the judge that you are disabled. ACTS F DETAILS ATION EXPLAN
  • 12. When you don’t know an exact date, approximate You may be asked when something happened.
  • 13. If you don’t remember the exact date, don’t worry. Few people can remember precise dates for events in their lives. If you don’t remember the exact date, say so. ?
  • 14. Then, do your best to give an approximate date, or a month and year, or a season and year, or, if you cannot remember more accurately, just the year. 2011
  • 15. Getting dates wrong is something that all of us, including the judge, do from time to time. Some people are worse than others with dates. The judge won’t think you’re being untruthful if it turns out that a date is wrong. 2008 2009 2010 2011!
  • 16. Speak clearly for the recording Each hearing room has its own recording equipment. It is important for you to speak clearly when you answer questions.
  • 17. The microphones are very sensitive so that they will pick up your testimony from anywhere in the room if you speak loudly enough for the judge to hear you.
  • 18. However, shaking your head won’t do; neither will pointing at a part of your body without stating out loud what part of your body you are pointing at. Yes, judge!
  • 19. Also, “uh huh” and “huh uh” answers do not transcribe as well as “yes” and “no” answers. So try to say “yes” and “no” if you can. Yes. No.