what to say during phone interview with disability lawyer

by Mr. Alexie Daugherty 7 min read

Answer the Question Believe it or not, one of the most common mistakes a disability claimant can make during a hearing is failing to answer the question asked by the ALJ. To avoid this, pay attention to what the ALJ has specifically asked you and try to answer only that question in a sentence or two.

Full Answer

How do I prepare for a phone interview for disability?

How to Answer Questions at a Social Security Disability Hearing Answer the Question . Don’t Ramble or Go Off Subject. Be Specific About Your Symptoms and Limitations. Be Ready to Explain Gaps in Your Medical History. Be Prepared to Explain “Bad” Facts. Paint a Picture of Your Daily Living. Don’t Be Embarrassed. Be Honest and Don’t Exaggerate.

What are the standard Social Security disability interview questions?

Be respectful, but relax. You are the expert on your health and your case, so you have nothing to worry about as long as you are honest. And you can always ask to speak to the person’s supervisor if you feel disrespected or uncomfortable at any time, but this is rare.

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

Feb 07, 2022 · In light of the COVID-19 pandemic, Social Security is limiting in-person services, so it's more likely that your disability interview will be conducted over the phone, rather than in person. Being able to answer questions over the phone can be a great benefit to claimants, who previously may have been required to make a long trip to the Social ...

How to prepare for a social security claims Rep phone interview?

Apr 26, 2017 · Most importantly, be prepared to answer the following questions regarding your situation: Dates, addresses and contact information of your previous employment The claims representative from the SSA will want to know where you previously worked before you …

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How do I prepare for a disability phone interview?

Prepare for your disability interview: tips from Social SecurityDates you last worked;The names, addresses, phone numbers, and dates of visits to your doctors;The names of medications that you take and medical tests you've had; and.Marital information.Feb 23, 2017

What questions are asked 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 should you not say in a disability interview?

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.

What do you say in a social security disability interview?

Ask them to describe what they have seen in detail. Bring statements from family members, former co-workers, etc., and write one yourself. Your goal is to make your everyday life living with a disabling condition crystal clear to SSA, so that they will have no doubt of your need for Social Security disability benefits.

What happens during SSI phone interview?

An SSI appointment is a financial interview to see if you are eligible for SSI. Basically, they are checking to see how poor you are. They also ask about your household, living situation, and rent, to help decide how much SSI you will get. This interview only happens for SSI.Jul 31, 2019

What should you not say when applying for Social Security disability?

Saying You Can Work – Do not say that you are able to work, or that the only reason you are not working is because no will hire you. If you are capable of working, you will not qualify for disability benefits. 2. Exaggerating Your Symptoms – You should not exaggerate your symptoms.Mar 3, 2022

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 a disability hearing question?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

How do you 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 happens after SSDI phone interview?

You might be able to do a telephone interview, but you'll most likely have to go to your local Social Security office and sit down with a claims representative. After that meeting, the representative will submit your claim to an examiner for a final decision.May 21, 2021

How long does a disability interview take?

A Social Security representative will interview you and complete an application for disability benefits and an Adult Disability Report. The interview will take place either in your local Social Security office or by telephone. It will take at least 1 hour.

What kind of questions does Social Security Disability ask?

The SSA will try to evaluate the severity of your illness and whether or not it's expected to improve. You may be asked about your ability to care for yourself or do daily activities, such as cooking, shopping, cleaning, etc. You may be asked how long you're able to sit, walk, or stand or how much you can lift.

The in-person Social Security Disability Interview

We recommend that you plan to arrive a few minutes early to be sure you are on time. Prompt arrival shows respect for the professionals you will be working with—the professionals who play a part in deciding the outcome of your case. Along the same lines, you should wear modest clothing appropriate for a professional setting.

The telephone interview

Again, promptness is essential. Wait by your phone at least ten minutes before the expected call for SSDI phone interview. Be sure the number you provide has a reliable connection, preferably a landline. It’s best to communicate that you are expecting a call to other members of your household so the line will be free.

Tips for all social security disability interview types

It’s important that you have all necessary forms completed and with you at the time of the interview. Studying them ahead of time will ensure the answers to their questions are fresh on your mind. Note: if you are applying for Social Security Disability, you must have the Application for Disability Insurance Benefits (Form SSA-16-F6).

How does Social Security interview?

When you apply for disability, Social Security conducts an interview in person or by phone. When an applicant files an application for Social Security disability or SSI disability benefits, the local Social Security office will typically do one of two things: set up a time to conduct an application interview at the Social Security office ...

How to prepare for an interview?

You can help your initial interview go smoothly by being prepared with the names, addresses, and phone numbers of all places (including doctor's offices, hospitals, or emergency rooms) at which you have received medical care for your disability within the past twelve months.

What is the best way to get Social Security?

For many claimants, particularly those with transportation problems, or for whom getting to the Social Security office involves a long trip, a phone interview may be the best option.

What is SSI disability?

Supplemental Security Income (SSI) SSI disability payments are benefits that cover disabled people who are low income and may not been able to pay enough into social security in order to be covered. There are additional questions you should be prepared to answer if you are seeking SSI disability payments:

What is the purpose of the SSA interview?

The purpose of this interview is to collect as much information ...

How many people will be disabled by age 67?

According to the SSA, the risks of becoming disabled are increasing steadily, with about 1 in 4 of today’s 20-year olds likely to become disabled by age 67. It is, therefore, crucial for you to understand the process of applying for disability benefits, as well as to be in a position to obtain the best assistance that you can get ...

What information does the SSA request?

In their efforts to determine your financial status, the SSA will also request information about any assets that you own. This includes bank account balances, your home, vehicles, equipment, and other assets.

What do you need to know about SSA?

This income may be from investments, community organizations, work-specific injury/retirement benefits, among others. Prepare documentation that is relevant to all your sources of income and be prepared to answer questions about those at the interview.

What information do you need to be interviewed for SSA?

During the interview, you will be asked for details on your living arrangement, including information about who you live with, your household expenses such as rent, utilities, mortgage payments, among others. Being prepared with details about your current living situation will assist the SSA to determine your financial status and likelihood to receive benefits.

Can the SSA contact you if they can't reach you?

The SSA may also request the social security numbers of these immediate family members, in addition to their contact information in case they can’t reach you. The condition of your household plays a big factor in how you will cope with your disability and it can influence the benefits that you receive.

How long does a disability interview take?

Interviews usually last from 20 to 45 minutes, but it could take an hour or more. The representatives questions are meant to give him or her a better understanding of your case.

How to prepare for a long term disability interview?

How to Prepare for Long-Term Disability Interview Questions. If you receive a call or letter from your insurance company requesting an interview, don’t panic. It doesn’t mean you are about to lose your benefits or that your claim is about to be denied. An interview with an insurance company representative is not uncommon;

What happens if your condition has improved since you filed your claim?

If the representative believes your condition has improved since you filed your claim, your approval may be in jeopardy.

Can an insurance representative come to your home for an interview?

If you agree to an in-person interview, the insurance company representative may want to come to your home for the interview. The representative will observe you to see if your behavior is consistent with the severity of the symptoms you claimed. For example, if your disability claim states you can’t sit for more than 15 minutes at a time, ...

What is the biggest mistake a disability claimant makes?

Finally, the biggest mistake disability claimants make is to try to navigate the system alone. An experienced disability attorney can prepare you for your hearing and greatly increase your chances of being approved.

What is the hearing for Social Security disability?

A Social Security disability hearing can be a nerve-wracking experience, especially for those unfamiliar with the process and those unrepresented by an attorney. Depending on the administrative law judge (ALJ), a hearing can be contentious and adversarial or relatively laid-back and easygoing. While you can always hope for ...

What are some things to avoid when you are on unemployment?

Here are a couple general areas or statements to avoid unless you are specifically questioned about them. You have family members who are receiving disability or unemployment benefits. You have a criminal history. You have problems with drugs or alcohol. You haven't followed your doctor's orders or treatment plans.

How long do migraines last?

Instead, try to quantify your symptoms to the extent possible: "I get a migraine headache about four to five days a week, and they usually last from four to as much as twelve hours.".

What happens if you don't tell the ALJ?

If you don't, the judge will assume that you aren't having any problems and are capable of working.

Do you have to answer an ALJ question?

If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

Do you have to offer information at a disability hearing?

You just don't need to offer the information if you're not asked about it. Another instance: if you volunteer that "no one's hiring where you live," the judge might think that you believe you could work if only jobs were available. Here are some other points you should avoid bringing up at a disability hearing.

Why is it important to prepare for an SSI interview?

So preparing for your SSI interview is an important step in getting paid the most benefits you qualify for each month.

What does the SSA need to know?

The SSA just needs to know if you can manage your own finances without help. These questions help them determine whether or not to appoint someone called a “representative payee” to handle your payments. Ask them to appoint someone you trust to receive your monthly benefits as well as help you manage your funds.

How to interview for SSI?

SSI Phone Interview Don’ts: 1 Talk too much or complain about how bad you feel. Your interviewer meets with disabled people every day. For this reason, you should only share details about your financial situation. 2 Offer too information about your life. For example: If it sounds like you live with a partner or relative rent-free, it may affect your SSI payment. If a friend occasionally gives you free meals or a ride somewhere, that can also affect your benefit amount.

How to prepare for SSI interview?

Still have questions about the best way to prepare for your SSI interview? A lawyer will happily answer all your questions for free by phone. No matter how tricky your situation is, a lawyer can help you without charging anything up front. You can even practice giving your interview answers to help you work out any nerves or concerns before you go. If you get a lawyer to help with your claim, you’ll pay nothing unless you eventually win benefits. And if your lawyer helps you win, then you’ll only pay a small, one-time fee.

What is a PERC interview?

If you’re newly approved for disability benefits, your SSI interview’s probably called a “PERC” (which stands for Pre-effectuation Review Contract). If you were approved for SSI 1-6 years ago, you may get called in for your “SSI Redetermination” appointment. Regardless of what they call it, you’ll have to answer the exact same SSI interview ...

What do I need to bring to a Perc interview?

It’s important to treat your PERC exactly like a job interview. Come prepared and bring any documents you think you’ll need with you. Since this particular interview confirms your income and resources are low enough, bring all documents below that apply: A copy of your lease (or recent rent receipts) Your car’s title.

What should I share in an interview with a disabled person?

Your interviewer meets with disabled people every day. For this reason, you should only share details about your financial situation. Offer too information about your life. For example: If it sounds like you live with a partner or relative rent-free, it may affect your SSI payment.

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 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 does an ALJ do?

However, it is important to remember that ALJs hear hundreds of testimonies a year from disability claimants with every imaginable disability, and that the ALJ's only role is to decide whether you meet the Social Security Administration's definition of disability.

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.

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 ...

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, ...

Why do employers exaggerate termination reasons?

Often, employers exaggerate the termination reasons in order to avoid having their unemployment insurance account charged when benefits are paid, which also leads EDD to conduct phone interviews in order to make their eligibility determination. 1.

Why do I need a phone interview for unemployment?

As part of your unemployment application process, EDD might contact you and request a phone interview with you in order to determinr whether you are eligible for unemployment benefits . There are two common reasons the EDD phone interview might be required: (1) there is some kind of ambiguity/discrepancy in your application ...

How to make sure your phone interview goes well?

Below are three important, and easy to follow tips to make sure you phone interview goes well and to maximize your chances of receiving unemployment benefits without the need of appealing the denial of benefits later: 1. Keep Your Answers As Brief and As Relevant as Possible.

What is EDD interview?

The EDD is mostly concerned with the most recent events which lead for your employment separation. In short, . you should only be answering the questions asked; you should not be arguing or trying to prove something. . . 2. Be nice. Remember - the person who will be interviewing you does this all day every day.

Is it okay to say "I don't know anything"?

Don't Exaggerate or Misrepresent the Reasons for Your Separation or Termination. Although it's a good idea to remember the dates of important events and other basic information, your phone interview is not a memory test. If you don't know something, or if you don't remember something, it's perfectly fine to say "I don't know exactly" ...

Do you have to talk about discrimination in an EDD interview?

You also don't need to talk about any kind of discrimination or retaliation, etc. Remember, your EDD interview is only focused on one thing - your eligibility for unemployment benefits and the reasons you no longer work for the subject employer.

Can you take your frustrations on unemployment?

There is no need to take your unemployment frustrations on him. It certainly won't help you get on his good side, which you should try to do during the interview. There is no need to tell the phone interview officer all about how awful your former boss was, or how frustrated you are with the system and with EDD.

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