what questions a disability lawyer might ask a client

The first questions the ALJ asks you will typically be very easy, including your name, address, and Social Security number. He might ask about your height and weight and whether you are right- or left-handed.

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What questions will be asked at my Social Security disability hearing?

Disability attorneys generally require little or no money up-front, and instead charge 25% of their clients' disability back benefits, with a cap of $6,000. The fee may change if your case is denied at the hearing level and proceeds to the Appeals Council. Be sure that your attorney explains the fee structure both at the Appeals Council and in ...

Who is responsible for asking Social Security disability lawsuit questions?

Feb 18, 2015 · The first questions the ALJ asks you will typically be very easy, including your name, address, and Social Security number. He might ask about your height and weight and whether you are right- or left-handed. The judge may also ask you about your living arrangements – whether you live in a house, apartment, or mobile home; who lives there with you; and your …

When can I talk to my lawyer about my disability case?

Questions which will always be asked, either by the attending Administration Law Judge or your Social Security Disability lawyer, include: What is your full legal name? What is your social security number? What is your mailing address? How tall are? How much do you weigh? What is you highest level of education?

How do I answer an ALJ's question about my disability?

Aug 01, 2019 · What Activities Do You Do? Many disability lawyers recommend that when you mention an activity, you also explain if there are any limitations you have or if there is any way that someone assists you. One easy way to do this is to ask yourself this: “How is this activity different now than it was before I became disabled?”

What questions do lawyers ask?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

What kind of questions does disability ask?

Questions You Should Expect To Be Asked During A Social Security Disability HearingWhat is your formal education?Do you have any vocational training?Are you currently working?What was your last job and what were your job responsibilities?Have you tried working since you became disabled?More items...

What can you not say at a disability hearing?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How do I answer a disability question?

How to Answer Disability QuestionnairesWrite clearly and legibly. Avoid erasures as much as possible. ... Do not leave any section of the form blank (unless otherwise specified). ... Give consistent answers. ... Answer the questions truthfully. ... Follow the instructions on the form.Feb 27, 2022

What should I say in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

What does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:Stay on subject and don't ramble.Be honest.Be prepared to explain any discrepancies that may be in their record.Don't be embarrassed or offended by the judge's questions.Be specific about their symptoms, treatment and limitations.More items...•Jan 22, 2020

Is anxiety a disability?

Is Anxiety Considered a Disability? Anxiety disorders, such as OCD, panic disorders, phobias or PTSD are considered a disability and can qualify for Social Security disability benefits. Those with anxiety can qualify for disability if they are able to prove their anxiety makes it impossible to work.

What should I put in the remarks section of disability application?

By explaining in detail what your conditions are and how they affect your daily living, you will give SSA a bigger picture of who you really are and why you should win disability benefits. Do not let the remarks section be “optional.” It is the time where you need to give it your all.

How do you describe your activities when applying for disability?

Write down the specific things you have difficulty doing —such as walking, getting out of a chair, or moving about in some other way. Next, describe the symptom or problem that specifically limits you—such as weakness or paralysis, numbness, pain, poor balance, dizziness, or lack of coordination.

Can you have hobbies on disability?

Fun hobbies don't need to require a lot of physical movement. There are so many opportunities for those with mobility limitations, including taking a class, learning a new skill, crafting, reading, nature, fantasy leagues, and video games.Mar 6, 2019

Why hire a disability lawyer?

Hiring a disability attorney to handle your case can greatly improve your chances of success, but it's important to make sure the person you hire is experienced, knowledgeable, and willing to go the extra step for you . Most attorneys will schedule you for a free consultation to explain the disability process and to interview you about your medical ...

What is a disability attorney?

Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.

Can the fee change if a case is denied?

The fee may change if your case is denied at the hearing level and proceeds to the Appeals Council. Be sure that your attorney explains the fee structure both at the Appeals Council and in federal court.

Can a non-attorney advocate represent a claimant in a disability hearing?

Although Social Security allows non-attorney advocates to represent claimants in disability hearings , there are many benefits to insisting that your representative is a licensed attorney. In particular, lawyers are more likely to be familiar with relevant Social Security regulations and case law, and unlike non-attorneys, ...

What to ask an ALJ about disability?

The ALJ may ask about doctors you are seeing, procedures you have had performed, and the pain and limitations you are experiencing because of your disability. Do not exaggerate your symptoms.

What questions should a judge ask about living arrangements?

The judge may also ask you about your living arrangements – whether you live in a house, apartment, or mobile home; who lives there with you; and your source of income. The best way to answer these questions is honestly and simply. Remember to stay on topic.

Can a disabled person lift ten pounds?

It is much easier to prove that a person’s disabilities keep her from being able to work a job that requires the ability to lift fifty pounds than it is to show that she cannot work a job that only requires her to lift ten pounds. Again, it is important to answer these questions truthfully and straightforwardly.

Can you be disabled if you have been on Social Security for 15 years?

Social Security’s disability rules say that if your condition allows you to return to any of the work you have done in the past fifteen years, you are not disabled. Therefore, the ALJ will need to get information about the kinds of work you have done. Many of my clients have difficulty remembering that far back, ...

Know What Questions to Expect

You may be more comfortable if you know what kinds of questions to expect during the hearing. The administrative law judge will likely ask you for your name, Social Security number, age, mailing address, height and weight. After that, you should be prepared to answer questions such as:

Work With a Lawyer Who Will Thoroughly Prepare You for Your Hearing

Our board certified Social Security disability lawyers will not let you go to your hearing unprepared. We will use our experience to anticipate what the administrative law judge wants to know and to help you anticipate the questions that will be asked of you so that you can prepare your answers.

What to do if you are scheduled to attend a disability hearing?

If you are scheduled to attend a Social Security Disability hearing, it is important to contact a Social Security Disability lawyer as soon as possible. Some Administrative Law Judges will not hear a case if a claimant is not represented either by legal counsel or by a non-attorney representative who understands the Social Security Disability ...

What is a disability hearing?

The Social Security Disability hearing is tape recorded, and the claimant and all of the other witnesses are answering their questions under oath. Every Administrative Law Judges has their own method of conducting the Social Security Disability hearing.

How long does it take to get a disability decision?

They are encouraged to make the Social Security Disability decision as soon as possible, but it could still take six to 12 weeks due to the backlog at many Social Security Disability ...

Where is the Social Security hearing held?

The Social Security Disability hearing is generally held in a small room at a county courthouse or another predetermined location. The attendees generally include the claimant’s Social Security Disability lawyer, the Administrative Law Judge, a vocational expert and possibly a medical expert.

Is there a defense attorney present for a disability hearing?

The good news is the Social Security Disability hearing is not the type of hearing we have all seen on television. There is not a defense attorney present, and the Social Security Disability claimant will not have to sit in front of a crowded courtroom with hundreds of spectators looking on.

How to approach questions at disability hearing?

If your hearing is less than a month away, now you may start thinking about questions. The best way to approach questions at your hearing is to just be honest ...

Is there such a thing as the perfect answer that will get you approved?

It may help you to keep in mind: There is no such thing as the perfect answer that will get you approved. While your answers at your hearing may be a small help to your case, the final decision will be made based on the documents already in your file. Also, remember: You are not on trial. This hearing was something you requested.

Can you manage your own disability?

If a judge decides that you cannot handle finances, then after your case is approved, you may not be allowed to manage your own disability money . You will need to select someone you trust to handle your disability money for you, or social security may appoint someone. This is called a Representative Payee.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

How long should you answer questions at a disability hearing?

But since most hearings will normally be concluded under an hour (some hearings can actually be as short as 15 minutes), you can count on not having to answer questions for an extended time period. (Read about what happens at a disability hearing .)

What can I do at a disability hearing?

Representation at Your Hearing. Having legal representation at a disability hearing, in the form of an experienced disability lawyer or non-attorney representative, can help you answer the questions in a way that will help support your disability claim rather than possibly undermine it. A disability advocate can provide you with pre-hearing ...

What happens if an ALJ doesn't believe you?

If the ALJ believes you are exaggerating your symptoms, you will lose credibility with the ALJ, and if an ALJ doesn't believe you, you will likely lose your claim for disability benefits. For example, if the ALJ asks you to rate your pain on a scale of one to ten on an average day, it would be unwise to answer that your daily pain is at a ten.

What are some bad facts about medical records?

Medical records sometimes contain "bad" facts. "Bad" facts can hurt your case if they are not handled properly. For example, one common problem with people who suffer from chronic pain is over-reliance on pain medication. In these cases, medical records may state that the claimant suffers from narcotic dependency or is suspected of abusing pain medication. Here, the worst thing a claimant can do is to deny the problem or try to blame the medical provider. The best answer is the truthful one—for example, that there was a problem with pain medication and you are receiving (or plan to get) treatment for the dependency, or that you switched or reduced medications to minimize the possibility of addiction. (For more information on how prescription drug use can affect your claim, see our article on whether you can get disability if you are suspected of drug overuse .)

How to answer an ALJ's question?

Be Honest and Don't Exaggerate. The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.

How long can you sit without pain?

For example, if the ALJ asks you how long you can sit, don't say "for just a little while," state "30 minutes," or "one hour," or however long it is you can sit without pain. If the ALJ asks whether you can drive and you are in fact able to drive short distances (for example, ...

Can a disability lawyer help you win a hearing?

Additionally and, perhaps, more importantly, a disability representative can answer many of the judge's questions that arise at a disability hearing. Here are some other ways that having a disability lawyer can help you win your hearing.

What are the two criteria for asking questions?

Questions can be broken down according to two criteria, namely, questions that clarify perceptions of the current situation and questions that clarify perceptions of the future vision. Asking your client these questions will enhance your ability to better serve them and their goals.

What is specific in client responses?

You may need to help your client be specific in their responses, which will give you both something concrete to work with as things move forward. The more specific a client can be about a wish or desire, the easier it is to plan to achieve it.

What is the natural answer for a client?

For some clients the natural answer is “my parents,” “my siblings” or a particular charity. For others it raises issues that could take years of therapy to sort out. A client may be estranged from his or her family; not have other close friends; or have been too busy to develop a commitment to a charitable cause.

What happens if you don't name a guardian?

If you fail to name a guardian, then the court will do it for you, based on what it deems to be in the best interest of your child. Unless you have confidence that a judge who never knew you has better judgment than you do about matters involving your children, it is best not to stick your head in the sand for 18 years.

What happens if you don't disclose your bounty?

If you don’t, they will pop-up--if not at your funeral, at some time in the future--and at a greater emotional and financial cost. 4.

What happens if you don't share your medical information?

If you don’t share that information, people may let loved ones linger on when if they had had more insight they might have ceased aggressive medical intervention sooner.

Can an estate attorney terminate documents after death?

Even if you don’t consider them relevant any more, disclose them. If they really aren’t relevant, your estate planning attorney can help you legally terminate them. But to provide that assistance, the lawyer has to know that the documents exist.