Disability Judge Trick Questions

Scheduling a Social Security Disability Insurance (SSDI) hearing is a big step toward getting benefits, but the work doesn’t stop there. Preparing for your disability hearing is critical to your approval by Disability Judge Trick Questions

You should think about what questions a judge might ask at a disability hearing and how to prepare your answers so that they are truthful, accurate, and persuasive.

Disability Judge Trick Questions

A disability judge will not necessarily ask “trick questions”, but will ask specific questions to assess the level of your disability and your ability to work. The “right” answers make your claim decisive. The wrong answer will seriously hurt your case.

A good lawyer will prepare you for the judge’s questions – and having legal representation before a hearing is critical to your success (83% of people are represented at a hearing and are three times more likely to get the services of a lawyer). If you are not yet represented, this article will give you an overview of what to expect at your hearing: the questions judges often ask, tips for a positive response, and common mistakes plaintiffs make.

My disability case is being tried in court. What can I expect?

Your disability hearing is a private and confidential process. After the Corona crisis, most hearings will be conducted by telephone and will last approximately one hour.

The hearing letter will state who will attend with you. This usually includes the judge, you (the plaintiff), your legal representative if you have one, a professional expert (hired by the government), and a hearing reporter. Sometimes a medical expert is present, but this is not common.

During the hearing, the judge will review your relevant past work experience, consult with the vocational expert, and ask you questions to support or refute the vocational expert’s testimony, Disability Judge Trick Questions.

After the hearing, the judge will evaluate your answers and decide on your case. This decision can take several weeks to several months.

What are some common questions about hearing problems?

Although each disability case is unique, certain types of questions are common in most hearings. When you work with a disability attorney, they will practice asking questions and help you answer them.

If you don’t have a lawyer and want a free consultation, click here.

SSDI hears questions from experts

The judge will usually ask the expert (and possibly the medical expert) first. Career experts are exactly what they sound like They are called upon to testify about the jobs the government recognizes as available and the skills required to do those jobs.

The judge often asks questions of the professional expert in “hypothetical” form. That is, they will ask: “Hypothetically, if someone with permit XYZ could work as X for X years, what kind of work would he or she be able to do?”

The career expert will classify your work history over the last 15 years to determine which jobs you have held at a significant level and long enough to learn how to perform the work in that role. You do this to determine what skill level you would have in similar positions today.

The experts are just sharing their opinions. They will not say, “This person’s physical limitations are not severe enough to prevent him from working as a shop assistant.” But they might say, “I think someone with these disabilities could hypothetically stand four hours a day, which would allow him or her to work part-time, for example, at a grocery store.”

Here are some common SSDI hearing questions asked by professional or medical experts:

I find that if the person is doing the following work, a person can.

“Do relevant work from the plaintiff’s past with these disabilities?”
“Are there other jobs someone with this disability can do?”
“And can you assess the plaintiff’s functioning based on what you saw?”

You must allow the experts to testify without interruption. But if their answers here go unchallenged, they often hurt your case.

This is where a lawyer makes a big difference. You will cross-examine the expert, creating gaps in his or her assessment of your work history, education, or health.

SSDI hears questions the judge may ask you

Disability Judge Trick Questions

Once the judge receives the expert report, he will begin questioning you to determine if there is any work you can do or if your situation prevents you from working. You start by confirming your name, date of birth, address, and social security number. The judge will then ask about your educational experience and professional history over the past 15 years.

Below is a list of sample questions about hearing problems that the judge may ask you:

For each relevant position, the judge may ask, “Tell me about your work at XYZ Company.” What did you do?” You can also ask questions relevant to your condition and role, such as “Did you sit or stand most of the time?” (If your disability is mobility-related) or “Did you often come into contact with customers?

“You can also expect open-ended questions like “Tell me why you can’t work.”

“Can you describe the pain to me? What are the causes of your pain? What makes your pain worse?”

Because different jobs require different levels of mobility, interaction, and education, a judge will ask follow-up questions about these cases.
To get a better idea of your condition, the judge may try to determine if you can perform the daily tasks of your life. Did you drive here today?
Some people may think of these as “trick questions” because they open up contradictions.

Saying you drove here when you said you weren’t allowed to drive will raise red flags in court. Or if you say you can’t take more than 15 minutes at a time and only go shopping regularly, it seems contradictory.

Common mistakes people make when answering questions

We get it. Standing in front of a judge or talking to them on the phone can be intimidating. Everyone deals with nerves differently, so it’s good to know how you usually act when you get nervous.

Here are some common mistakes people make when answering the judge’s questions:

They answer questions that are not asked. If a career expert says that hypothetically someone with your disability could work as a cashier, for example, you don’t want to announce or “reply” that you couldn’t do that job. Answer only direct questions from the judge.

You are explaining too much. You should answer briefly and concisely in one or two sentences. You may want to explain your answer but stick to a “yes” or “no,” especially for yes or no questions.

They respond like they are having a good day. At the hearing, you may feel that your pain is not as bad as most other days. Therefore, answer the questions about how you feel at that moment.

They minimize their symptoms. We know it can be difficult to officially admit how limited your options are, but you will only benefit from sharing how limited your life has become due to your injury or illness.

They are not specific enough. When a judge asks how long you can run, “Not very long” is not specific enough. You should be able to respond within a certain time. The judge will reject answers that aren’t clear, so it’s best to be overprepared when analyzing your abilities.

Legal representation can increase your chances of becoming disabled

In a disability hearing, it is crucial to have the right lawyer by your side. They guide you through the judge’s questions and ask you questions that will strengthen your case.

Don’t have a lawyer yet? Contact Atticus. We can connect you with a qualified attorney within 48 hours.

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