TELLING THE TRUTH
Truth is an important ally in a disability hearing. Judges decide early in the hearing whether they can believe anything the claimant is telling them. This is called the credibility factor.
I have appeared before 35 different US administrative law judges from Alabama to Minneapolis. They are all very different, yet very much alike. They are all highly trained, intelligent and savvy individuals who can smell exaggeration and lies a mile away. They cannot be fooled.
Claimants have a lot riding on the outcome of their hearing. They are nervous, of course, and want the hearing to produce favorable results. When the judge asks them a tough question, there is a tendency to say what the judge wants to hear. This will nearly always backfire.
Judges tend to ask questions they already know the answers to. They do it to see if the claimant will tell the truth. Incidentally, the question may have nothing to do with the case.
Here are a few examples of "test questions" I've heard judges use over the years:
1) Do you smoke?
2) Do you drink?
3) Have you ever used Marijuana or any other street or recreational drug?
4) Can you ride for long distances in a car?
If a judge asks a question like that, it's nearly always because he already knows the answer. It was in the medical record. You may not remember that drug test your doctor gave you two years ago, but if something showed up in your blood or urine, it went into your medical record. I recently read a doctor's records on one of my clients and he had actually pasted the words "smoking cessation counseling" on each of the 670 pages of records. The judge would have to be blind to miss it.
Here's the advice I give my clients before they walk into a hearing:
1) Tell the truth...period.
2) Don't exaggerate.
3) Never answer a question you don't understand. Ask for it to be clarified.
4) Look the judge in the eye and admit the truth, even if you feel that it hurts the case. The judge probably knows the truth anyway.
By being truthful with the judge you gain credibility. That can be enough to get you paid.
By the way, what does smoking have to do with the average Social Security disability claim? The answer is, nothing at all. It's just a test question to see if you will tell the truth. Can you be believed?
I have appeared before 35 different US administrative law judges from Alabama to Minneapolis. They are all very different, yet very much alike. They are all highly trained, intelligent and savvy individuals who can smell exaggeration and lies a mile away. They cannot be fooled.
Claimants have a lot riding on the outcome of their hearing. They are nervous, of course, and want the hearing to produce favorable results. When the judge asks them a tough question, there is a tendency to say what the judge wants to hear. This will nearly always backfire.
Judges tend to ask questions they already know the answers to. They do it to see if the claimant will tell the truth. Incidentally, the question may have nothing to do with the case.
Here are a few examples of "test questions" I've heard judges use over the years:
1) Do you smoke?
2) Do you drink?
3) Have you ever used Marijuana or any other street or recreational drug?
4) Can you ride for long distances in a car?
If a judge asks a question like that, it's nearly always because he already knows the answer. It was in the medical record. You may not remember that drug test your doctor gave you two years ago, but if something showed up in your blood or urine, it went into your medical record. I recently read a doctor's records on one of my clients and he had actually pasted the words "smoking cessation counseling" on each of the 670 pages of records. The judge would have to be blind to miss it.
Here's the advice I give my clients before they walk into a hearing:
1) Tell the truth...period.
2) Don't exaggerate.
3) Never answer a question you don't understand. Ask for it to be clarified.
4) Look the judge in the eye and admit the truth, even if you feel that it hurts the case. The judge probably knows the truth anyway.
By being truthful with the judge you gain credibility. That can be enough to get you paid.
By the way, what does smoking have to do with the average Social Security disability claim? The answer is, nothing at all. It's just a test question to see if you will tell the truth. Can you be believed?
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