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8 Mistakes to avoid when testifying at your disability hearing

When testifying at your SSD hearing, you should avoid making these mistakes. Don’t argue your case. Don’t try to draw conclusions for the judge, let them draw their own conclusions. Don’t compare yourself to others, it will not help your case. Do not try to play on the judge’s sympathy, it could very well backfire and do not try to demonstrate what a “good “ or honest person you are. Do not be dramatic or put on a show for the judge or give irrelevant testimony, the judge will not consider certain information in your case.

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8 Mistakes to avoid when testifying at your disability hearing

  1. 1. 8 ©James Publishing mistakes to avoid when testifying at your hearing
  2. 2. Don’t argue your case Your job is to testify to facts, describe your symptoms, give estimates of your limitations, outline your daily activities, and provide lots of examples of your problems. Leave arguing your case to your lawyer. For example, don’t use the line that starts: I worked all my life... or I know I can’t work.
  3. 3. Don’t try to draw conclusions for the judge Let the judge draw his or her own conclusions. Don’t say things such as, “If I could work, I would be working,” or “I want to work.”These statements could cause the judge to think about all the disabled people who do work. Many exceptional people with extreme disabilities work; but that is not the issue in a Social Security disability case.
  4. 4. Don’t compare yourself to others Avoid statements like: “I know a guy who has nothing wrong with him but he gets disability benefits.” “I know people less disabled than me who get disability benefits.” None of these comparisons helps your case.
  5. 5. Don’t try to play on the judge’s sympathy It won’t help. It might backfire. Judges have heard it all. Your financial situation, the fact that the bank is going to foreclose on your house and so forth are not relevant.
  6. 6. Don’t try to demonstrate what a “good” person you are Benefits are not awarded to the virtuous; they are awarded to the disabled. Sometimes claimants bring up things on their own only to demonstrate their virtue, thinking that this will influence the judge. Don’t do it. This is just like trying to play on the judges’s sympathy. It doesn’t work. It may backfire.
  7. 7. Don’t tell the judge what an honest person you are Many genuinely honest claimants think that they need to tell the judge just how honest they are. “I am an honest person, ” such a claimant may say. Don’t say it. Your honesty will be demonstrated by your totally truthful testimony on relevant matters. Telling the judge that you are honest may backfire.
  8. 8. Don’t engage in dramatics You are supposed to tell the truth at your hearing. If you are putting on a show for the judge, that is the same thing as not telling the truth. (At the same time, however, if you are having a genuine problem at the hearing and you need to stop the hearing for any reason, tell the judge and your lawyer.)
  9. 9. Don’t give irrelevant testimony The judge can’t and won’t consider any of the following in deciding your case: 1. You are unable to get work 2. There are no job openings in your local area 3. Hiring practices of employers 4. Technological changes in the industry in which you have worked 5. Cyclical economic conditions 6. You would not actually be hired for a job 7. You do not wish to work at a particular job 8. A particular job doesn’t pay well enough to support your family Therefore, do not bring these matters up during your testimony.

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