Five Tips for Testifying Before the Social Security Judge

Having represented people before Social Security judges for 35 years, there are some common things one should know:

First, in a case of chronic pain, you will be asked what your pain level is from zero to ten. You should be careful claiming it’s a nine if all of his medical records state he said it was a three or a four. Your complaint about this will not be credible if he is engaged in hunting, fishing, camping, yard work, long drives, bicycling, etc. Also, your claim of severe pain may not be believed if you’re not on narcotics and can get by with over-the-counter Advils.

Second, in almost all cases, you will be asked how long you can sit, how long you can stand, and how much you can lift. Again, this must be consistent with your medical records. This is especially the case if your doctor has completed a functional capacity assessment of your residual ability to perform various activities. You should review this before the hearing.

Third, you will be asked about the side effects of your medications. This could be important if the side effects are disabling. However, you need to make sure that the side effects are side effects that result from the particular medication. Also, even though you are taking a medication that could cause side effects, it does not mean that it will cause side effects in your case (especially if you have never complained about these medications in your medical history).

Fourth, you need to tell the truth about everything. The judge will most likely be very familiar with his medical records. Therefore, if he exaggerates his claims and it is contradicted by the medical record, the judge will not believe him. Also, if a friend or relative is testifying for you, they should make sure that you and the witness are on the same page. He’s not going to make you any food if the friend says you’re riding a motorcycle with him when you say you’re bedridden.

Fifth, often a vocational expert will testify at your hearing. It is important that the consultant listen to his testimony. Generally, he or she will be a neutral witness. The vocational consultant will be asked to indicate the skill level and strength level of all the jobs she has done in the last 15 years. Then the judge and perhaps her attorney will ask the consultant a series of hypothetical questions. Often the first question will ask the consultant to assume that you have the same restrictions that Social Security has previously set. Of course this will elicit a response that you can do your previous relevant work or some form of light work. Hopefully, there will be additional questions for the consultant based on her impairments and her testimony that will result in positive responses from the consultant that will help you win your case. One question would be simply if you are credible about your complaints the expert would rule out all jobs.

In summary, here are five tips on your Social Security Disability testimony.