Hearing Tip: Watch Out For These Questions

The Social Security Disability Blog got me thinking about some of the tricky questions I have heard judges ask at hearings. Here are my two cents.

It is fairly common to be asked the following questions during a Social Security hearing:

• How long can you sit?
• How long can you stand?
• How far can you walk?
• How much can you carry?

Be careful, your answers might get you into hot water.

People want to answer by telling the judge the most they can do:

Well, I can walk for about half a mile.

The problem is, the judge may use your answers to these questions to determine your day-in-day-out abilities. The judge is not trying to trick you, he is just trying to determine your “residual functional capacity” (RFC) - basically, what you can still do despite your impairments in a work like environment. That is, what you are still able to do during an 8 hour day, five days a week (or a similar schedule).

So, while you may be telling the judge the most you can do, the judge may think you mean you can walk half a mile, several times a day, every day!

Even if a question does not go completely right, it is not the end of the world. It is possible to walk it back and get the correct information in front of the judge.

You told the judge you can walk about half a mile?

Yes, that’s right.

Would you be able to walk half a mile several times a day.

No.

Would you be able to walk half a mile once a day, every day, Monday through Friday?

No, I can maybe walk half a mile on my good days — maybe twice a week.

How far can you walk on your bad days?

Maybe from the bedroom to my couch.

If you are working with an attorney, he or she can help keep your testimony on track. If you are going to your hearing on your own, keep in mind that the unspoken part of the judge’s “how long can you…” question, is “on a regular basis, day in and day out.”

Otherwise, you may be saying you can do a lot more than you actually can do!