Claimant Testimony

 Posted on January 06, 2012 in Social Security Disability

If you applied for Social Security disability benefits and were denied, going through the appeals process can keep the claim alive.  After potentially years of waiting and several denials, you may finally find yourself getting ready to go to an Administrative Law Hearing.  The hearing is very important and is the claimant's "day in court."  The judge will ultimately determine whether a claimant is entitled to disability benefits.  This is the claimant's chance to present his or her case and argue why they deserve benefits.

At a hearing, the judge will typically ask a number of different questions regarding work history and physical or mental limitations.  Your testimony can make or break your case.  Too often claimants find themselves in a position where they try to:

• Exaggerate pain
• Exaggerate limitations
• Make up medical conditions
• Give vague answers

Any one of the above actions can negatively impact your case. It is a good idea to be as honest and forthright as possible when testifying in court.  A judge reviews the entire medical record.  He or she will have a good idea whether a claimant is fabricating any of their testimony. Honesty is usually the best way to win a judge over.  Nothing can upset a judge more than listening to a claimant make up limitations that are completely unsupported by the record.  A good example of this is when a judge asks, "How much weight can you lift?"  A claimant may be inclined to respond that he or she can only lift 5 pound.  A 5 pound restriction would greatly increase your chances of winning your Social Security disability benefits claim if it were proven true.  However, if the judge finds evidence of that same claimant lifting grocery bags, cleaning the house, cooking, caring for children, or doing yard work it would be difficult for the judge to believe that the claimant really has that much of a weight restriction.

A claimant should also try to avoid giving vague answers.  Vague answers fail to paint an accurate picture of a claimant's specific limitations.  A hearing will run smoother if the testimony answers the judge's questions directly.

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