Have you recently applied for disability benefits? You must attend a hearing soon where the judge will question you about the various aspects of your life. How well you prepare for this meeting is directly proportional to your chances of being approved for disability. But will the disability judge ask trick questions?
The disability judge may ask you trick questions when he or she finds discrepancies in your claims and medical records. These questions are intended to cross-examine you. They mainly relate to your mental and physical health and living arrangements.
Keep reading below for more information.
What Do Disability Judges Look For?
A standard legal formula provides judges with a guideline on what to look for during disability hearings, although most people are unaware of this fact.
This legal formula comprises five steps.
Step 1: Current Work
In this step, the judge looks at the individual’s current employment, means of income, and whether they are able to engage in any “substantial gainful activity.” If the judge finds that the person is able to work and has a gross income above a certain amount, he or she will not be approved for disability.
Step 2: Level of Impairment
In this step, the judge looks at whether the medical issue of the individual causes him or her to experience work-related restrictions, if any, at all. If there are no work-related restrictions, then the applicant’s claim is rejected at this step.
Step 3: Listed Impairments
The SSA has issued a lengthy list of impairments it recognizes as debilitating. If the person’s medical records and history are congruent with those impairments, he/she will be awarded the disability without considering other factors, as in normal circumstances.
Step 4: Past Relevant Work
If the work history of the applicant indicates any past relevant work in the last 15 years and the applicant is capable of returning to that work, then he/she will be denied disability benefits. The judge may even dismiss other practical considerations if he/she finds this to be the case.
Step 5: Any Other Work
At this final step, the judge considers whether the applicant is capable of undertaking “any other work” or jobs that are abundant in the country. Many factors are considered and combined to form a conclusion on whether the person can undertake any such job.
The applicant’s claim will be rejected if the profile matches such a job. If not, then his/her claim will be approved. The judge may also hire a vocational expert to help him/her arrive at the right decision.
Will a Disability Judge Give You Trick Questions?
Disability judges act as a safety net to guarantee that Social Security disability benefits are only given to individuals who truly need them. They are not attempting to “trick” claimants when they ask them questions; rather, they are attempting to determine their medical limitations.
It happens quite frequently that a claimant’s testimony at a hearing will contradict the medical evidence submitted or their history of impairments.
Examples of Disability Judge’s Trick Questions
Here are some examples of questions that judges may ask to cross-verify your claims:
Do you smoke cigarettes?
If you do or have ever smoked cigarettes, then your medical records will show it. Therefore, the judge likely already knows the answer to this question. In this case, it’s important to be truthful and come clean so that it does not reflect badly on your character.
In any case, do not lie and say that you’ve quit. You may, however, explain to the judge how you’ve tried to quit previously.
Are you taking your prescribed medication?
Your medication refill history from the pharmacist and other documents can already tell that. By asking this question, the judge is merely trying to cross-verify your account and compare it with your documents to see if they match. It’s recommended to consult with your lawyer about these details before the hearing, as answering no to this question would imply that you are non-compliant with the treatment.
In any case, do not lie about your prescribed medication history. You may, however, explain to the judge any reasoning as to why you are not taking a certain medication. It is recommended to consult with your lawyer as well about these details.
Have you ever used alcohol, marijuana, or other drugs?
Any lab reports you’ve obtained, or other medical records can easily show whether you’ve had any alcohol in your system. If the judge feels that your consumption of alcohol is either worsening or contributing to your condition, your claim will be rejected. But in any case, it’s better to come clean.
How do you take care of your dependents?
If the judge feels that there is a contradiction between your lifestyle and your medical records, he may ask this question to get a better idea of how you fulfill your responsibilities despite your medical condition.
Along with describing in detail how you take care of your dependents, you must also describe any help you receive from others.
Could you do a sit-down job for the same amount as your previous work?
If the judge suspects your condition is not severe enough and leaves you room to do any other work, he/she may ask you this question. After all, some physical disabilities allow individuals to undertake jobs that involve sit-down.
Likely, you won’t grasp the Social Security Administration’s definition of disability if you don’t have legal representation at your hearing from a disability attorney. The requirement for disability is that you cannot do any work that generates earnings beyond the Substantial Gainful Activity (SGA) limit, not just your current employment.
If the judge inquires about your ability to undertake less demanding work, be honest in your response. But this is the opportunity to bring up anything you believe the judge and vocational experts need to be more aware of your limitations or a record of failed attempts at holding less demanding jobs.
How do you obtain food and supplies?
Of course, the judge knows that you are somehow able to obtain food and supplies. What he/she is interested in is how, despite your medical condition, you are able to do so. Be truthful and detailed in your response.
Conclusion
It’s important to be prepared for a potential disability judge’s trick questions. The key takeaway is that the applicant must be entirely truthful since the medical records and work history already provide the judge with all the important information he/she needs.
