Being prepared to attend a Social Security Disability Insurance (SSDI) hearing increases the chances of being awarded disability benefits. It is also important to know the kind of questions to expect at the hearing so that you can answer them correctly.
Questions asked at a hearing are related to personal background, education qualifications, employment history, activity limitations related to physical capacity, activity levels related to mental capacity, and medical history.
Keep reading below for more information.
What is a SSDI Hearing?
If your SSDI application and subsequent reconsideration request are both denied, you may request a hearing to argue your case before an administrative law judge (ALJ). The hearing aims to assess how severely your condition limits daily activities. Can you find success in another form of employment if you cannot return to your old line of work?
It’s normal to be nervous about going to court, but by preparing the expected questions, you won’t have to worry once you get there. Together, we can raise your chances of success by making sure you’re well-prepared. The majority of Social Security Disability Insurance claims are decided at the hearing level.
List of Questions to Expect at Disability Hearing
In order to better prepare you for the disability hearing, we have produced a list of questions that may be asked of you.
Questions About Personal Background
- Provide your complete legal name and SS number.
- What is your postal address?
- What are your height and weight?
Questions About Educational Background
- When did you graduate from high school? How about a General Equivalency Diploma (GED) if you don’t have a high school diploma?
- Have you taken any post-secondary vocational or specialized training since finishing high school? And if so, in what capacity?
- Do you have any prior military experience?
- Do you know how to fluently read and write English?
Work Background Questions
- Which job did you hold?
- What tasks did you perform at work?
- Did you have any subordinates?
- How heavy was the heaviest weight you had to move?
- Was standing or sitting more common when performing this job?
- Why did you leave this job?
- What is your current employment status?
- Since your date of disability, have you looked for work?
Questions About Medical Issues
- Your medical history indicates that you have been diagnosed with __________. Please describe the impact of your diagnosis on your ability to perform your job duties.
- How long have you been dealing with this condition?
- When did it begin, and how far along is it now?
- How would you explain living with _________ to someone who has never heard of this illness or condition before?
Questions About Physical Activity Limitations
- For how long can you remain standing without becoming fatigued?
- How long do you have to sit down before you’re able to walk again?
- How long can you walk before needing to stop?
- In an 8-hour workday, how many minutes or hours would you be able to sit if you had a job that required sitting but allowed you to get up and move about every __ minutes?
- How much weight are you able to lift repeatedly?
- How much weight can you lift sporadically?
- How much weight can you routinely (at least for two-thirds of a workday) lug around?
- Can you squat, crawl, or bend over?
- Have you ever used a rope, ladder, or scaffolding?
- Do you have any health difficulties preventing you from working at unrestrained heights, such as vertigo or balance problems?
- Do you find yourself in need of frequent, unannounced trips to the restroom? If so, how often and why?
Questions About Mental Health or Pain Limitations
- Are there times when you need to take a break that isn’t planned for? If yes, how frequently?
- Do you find it difficult to bathe, shave, or put on clothes?
- Do you find it difficult to communicate or get along with others in your personal or professional life? Please elaborate.
- Do you ever have trouble remembering things?
- Do you find it difficult to focus?
- Do you feel pain, and if so, in what part of your body? How bad is your pain when it’s at its worst (please rate it on a scale from 1 to 10)? How often does your pain reach that level? What is the frequency? Does the discomfort at this level prevent you from doing things?
- Is there anything you used to like doing but now find impossible?
Questions About Drug Usage
- You have a history of alcohol, marijuana, or street drug problems, according to your file. Might that still be an issue?
- How long has it been since you last used?
- What sort of program did you enroll in to try and solve this issue?
Things to Keep in Mind about Disability Hearing
If your disability claim is denied, you have 60 days to appeal the decision.
In most cases, disability lawyers only get paid if they secure compensation for their clients. If this is the case, they will receive a percentage of the benefits you would have earned from Social Security had your first claim been accepted.
The Social Security Administration (SSA) needs to provide its approval before the fee agreement may go into effect. The price can be up to $7,200 or up to 25 percent of the back pay, whichever is lower.
If you cannot make it to a scheduled hearing because of illness or some other condition, you are required to provide written notice to the hearing office as soon as possible and explain the cause for your absence.
Common Mistakes When Answering Judge’s Questions
Here are some mistakes that applicants commonly make when answering a disability judge’s questions:
- Applicants provide information even if it isn’t requested. You wouldn’t want to proclaim or “respond” that you couldn’t perform a profession like cashier if a vocational specialist suggests hypothetically that someone with your limits could do that job. Refrain from trying to guess the judge’s questions; just answer them.
- Applicants provide excessive details. The judge may come to you for clarification or further information. Answer only the question asked of you. Even if you feel the need to elaborate, a simple “yes” or “no” is all that is required of you when answering yes/no questions.
- . At the hearing, you might not feel as much pain as you do on average days, so you answer the questions according on how you currently feel. When answering questions at the hearing you should try to reflect how you feel generally or to deliberately differentiate between good days and bad days.
- Applicants attempt to hide their symptoms. In order to obtain benefits, you must disclose how severely your injury or illness has limited your daily activities.
- Applicants need more clarity and precision. Answering a judge’s question about how far you can walk with “not very far” is too vague. A time-bound response from you is expected.
If you do not have an immediate response to a certain question, it’s fair to respond, “I don’t know.” When you’re not sure precisely when something happened, you can answer “around June,” or “I think it was late in the year.”
Different Strength Levels
Your ALJ will employ the following definitions to assess whether or not you are entitled to disability benefits.
Sedentary Work
A person able to do sedentary work cannot lift more than 10 pounds at one time and can occasionally move or carry small objects. Although sedentary work needs the least level of strength on the scale, it does involve some sitting and a certain level of activity in order to perform job obligations.
Light Work
A person able to do light work can not lift more than 20 pounds at one time and is frequently able to lift or carry objects that weigh up to 10 pounds.
Although the weight lifted may be relatively minimal, a job falls into this category when it demands a lot of walking or standing, or if it entails sitting for a great deal of time with plenty of pushing and pulling of arm and leg movements.
Medium Work
Work considered medium in difficulty requires the person to carry or pull things that weigh up to 25 pounds frequently and never more than 50 pounds at a time. If an individual can perform medium work, the SSA determines that they can also perform sedentary and light labor.
Heavy Work
A person able to do heavy work cannot lift more than 100 pounds at once and can frequently lift or carry objects that may weigh up to 50 pounds. If an individual can perform heavy work, the SSA concludes that they are also able to perform medium, light, and sedentary work.
Conclusion
Make sure to read through our complete list of disability questions before you attend an SSDI hearing. If you’d like more guidance on how to navigate these questions, we suggest consulting a disability attorney who can help you understand what to expect.
