Prepare for Trick Questions from the Social Security Judge

Published 2014-06-01
Testifying at your Social Security disability hearing is not the same as having a conversation with your neighbor or even talking to your doctor. When your judge asks you questions about your medical condition, he will be listening for two purposes: (1) he wants to a better understanding of how your medical issues impact your day to day life; and (2) he will use your testimony to make a decision about your credibility.

Social Security judges understand that your written medical record does not tell the whole story about your capacity to function in a job. After all, most doctors are primarily focused on treating you, not evaluating your work capacity. Further, some doctors minimize symptoms in their notes to paint a picture of successful treatment, or because they do not believe in the concept of disability.

Whatever his conclusions about medical records, the judge wants to hear from you. But he is not going to accept your testimony as truthful if he believes that you are prone to exaggeration or that you are more focused on collecting benefits than fighting to return to work.

Often you can expect your judge to ask you questions to which he already knows the answer. In this video, I describe a recent hearing where the judge asked my client about his cigarette smoking habit. The judge asked these questions for the express purpose of evaluating my client's credibility, and by answering inaccurately, my client definitely damaged his case.

Your attorney can really earn his money by helping your practice answering likely hearing questions. Take advantage of your lawyer's experience and courtroom skills so that your presentation to the judge shows you as a believable and sincere disability claimant. #socialsecuritydisabilityhearing #ssdi #socialsecuritydisability #socialsecuritydisability hearing #odar #oho

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All Comments (21)
  • @ElizabethF2222
    I just came from my disability hearing and was approved! i have a severe cellulitis infection with MRSA, and peripheral artery disease. I wanted to THANK YOU SO MUCH for all of your advice. It was instrumental in me getting approved today! I answered the judge's questions truthfully. I have some past drug use in my medical history and am currently on Suboxone. I told the truth about that and I think the judge appreciated my honesty. I offered to take a drug test right then and there today, but the judge said that wasn't necessary. I answered "yes" and/or "no" and didn't ramble, although I have a tendency to do that. LOL Listen to this man, people! He really knows what he's talking about. Thank you Mr. Ginsberg!!!
  • @doctorspockARTS
    Ginsberg is a must watch when it comes to getting ready for your ssdi hearing. Watch his play list on hearing questions and sub. That being said please YouTube search Hnot and tune into a live mock hearing every Thursday nights at 7pm central. Join the live chat it’s good practice for all of us! Remember burn all these ssdi hearing videos into your head and you will do just fine during your hearing
  • Good point about avoiding "absolutes" when answering questions. There is a big difference between your statements in casual conversation and statements made when testifying under oath!
  • @jennyrgar
    what if your memory is bad from depression or your sensory issues make it hard to translate impulses into simple language. what if your sense of time and space is disrupted or twisted often from manic stress, anxiety or more extreme sesnory issues, even if they flicker or come and go!
  • @aerotrooper
    How many suicides would you attribute each year to someone either dropped from disability or in the throws of the process? My guess is close to 50 percent. How many people would that be?
  • Thank u for info. Looking to get back on ssd after being off it for 5 years. Have bipolar rapid cycling. Initial claim 20 years ago approved, now applying for reinstatement.
  • @29larron
    hey thanks for the information you've given me.I have another question.My lawyer sent me a letter saying I have to go to the insurance company's doctor next month for a final examination before meeting with his doctor but I was already released from a doctor's care with permanent injury under their insurance back in April.My question is if it's already determined that I have a permanent injury why do I need to meet with another 1of their doctor's again?I thought my lawyer's doctor was the last step before going through negotiations for a settlement.
  • @TheLuftwolf
    If your numbers are accurate that is good info to have. Thank you for your reply.
  • @ZteveW
    I have Bipolar depression. If he judge asked me, "Why are you not going to mental health therapy" [because i'm not]? Is it okay to reply, "Because I used to be a psychotherapist and understand the recommended treatment techniques [because I do]? Please do a video on respectful ways of answering potential questions that could make or break our hearing. I wouldn't be lying but I don't want to come off as arrogant. Thanks
  • @TheEnigma-cc6ib
    What would happen in the case of someone with such severe anxiety they dont like to leave the home much less appear in front of a judge?
  • @shakeemalynch39
    hi I have a question I had my hearing June 5 2017 the vocational experts said 2 jobs teddy bear stuffer and. nuts and bolts box packer my lawyer asked can i be out of work more then twice a month she said no can she take a 15 min break every hour she said no the judge asked about my ablasion surgery I'm havein June 7 leave record open 30 days is this strange because expert said no other jobs and I can't do them wit those restriction what do you think of this ?