What Not to Say at a Social Security Disability Hearing

During a Social Security Disability hearing, you should not say any statements or phrases that could be misconstrued to weaken your claim, potentially leading to a denial of the disability benefits you deserve.

In light of this fact, we strongly recommend securing legal representation before your hearing. You can rely on a Social Security Disability hearings lawyer to support you during this process, strengthening your claim and helping you avoid common mistakes.

In the meantime, here are some statements you should avoid making during a disability hearing.

Avoid Giving Vague Answers

As you consider what not to say during a Social Security Disability hearing, you should focus on avoiding vague answers. Vague responses like “It’s been a while” are particularly unpopular with individuals in Administrative Law Judge positions. This kind of answer undermines your credibility as a witness.

Consider these examples:

• When was the last time you were paid for work? Response: “It’s been a while.”
• When did you last use methamphetamine? Response: “It’s been a while.”
• When was the last time you cut someone’s hair? Response: “It’s been a while.”

The judges require a clear timeline for specific events, and responding with a vague timeframe, such as “It’s been a while,” is generally discouraged. You should provide a more precise answer, offering at least the month and year.

Questions related to chronology can be challenging, and while some answers may naturally be somewhat vague, you should avoid testing the judge’s patience. Anticipating the questions beforehand gives you time to think about the dates so you can provide thoughtful and detailed responses during the hearing.

A Social Security Disability attorney can help you nail down a timeline regarding your situation before your hearing.

Avoid Statements That Could Downplay Your Disability

When trying to emphasize that you cannot change careers, you may want to say things like, “I can’t find a job anyway,” or “Nobody will hire me.” These statements imply that you are capable of working and that the only reason you do not have a job is that nobody is willing to hire you.

Social Security Disability is for people who are unable to work due to a disabling condition, so making it sound like you have looked for work could result in a denial. 

An attorney can provide more information about the statements you should avoid during the administrative hearing process.

Avoid Exaggerated Statements

You should avoid embellishing your symptoms, as exaggeration can diminish your credibility and undermine trust in your statements. Stick to the facts of your condition and symptoms, maintaining honesty throughout.

For example, in most cases, you should not claim, “My pain is constantly at level 10.”

Administrative judges can discern if symptoms are exaggerated by conducting a thorough review of your medical records and relevant documentation provided by medical professionals.

Avoid Providing Unsolicited Information

Some disability claimants, understandably ready to communicate with an Administrative Law Judge after years of anticipation, end up providing unsolicited details when answering questions.

While it’s crucial to respond truthfully to any questions posed by the ALJ, volunteering information that isn’t explicitly requested can be detrimental to your case.

What Types of Subjects Should You Avoid?

Subjects to avoid unless you face direct questions include:

• Any family members receiving unemployment or disability benefits
• Details about your criminal history
• Issues related to alcohol or drugs
• Non-compliance with your doctor’s orders
• Living in a town with no available job opportunities
• Challenges in commuting to work due to a lack of transportation

Never bring up alcohol or drug use, criminal history, a family member’s disability or unemployment, or similar topics unless specifically prompted. However, if the ALJ directly inquires about any of these matters, respond truthfully.

If you have more questions about what not to say at a Social Security Disability hearing, reach out to an attorney for professional advice.

How to Answer Questions During Your Social Security Disability Hearing

Providing detailed, descriptive, and specific answers to questions enhances your credibility during a hearing. For example, instead of a generic “my legs hurt,” offer a detailed description such as “pain going down my legs into the bones and through the joints.” Be factual, honest, and thorough to convey the severity of your condition.

Answering questions about your medical condition and daily life will be manageable with guidance from a lawyer who can prepare you for specific questions. Your attorney can also help you avoid the top five mistakes in applying for benefits.

Whether you are applying for disability for the first time, have an upcoming hearing, or need to appeal an initial denial, a disability lawyer can evaluate your case and guide you through your next steps. You do not have to try to secure the benefits you deserve on your own. Instead, you can get professional help right now.

Get Help Handling Your Disability Hearing Today

Do you have more questions about what not to say at a Social Security Disability hearing? You do not have to try to figure out this process on your own. Instead, you can get immediate help and professional support from our team at Pilzer Klein.

Our lawyers have decades of experience representing clients at the Social Security Administration hearing offices in upstate South Carolina and western North Carolina. We are committed to safeguarding your rights and getting you the benefits you deserve. We can also explain the questions that are asked at a disability hearing.

When we handle your disability claim, there’s no fee unless you successfully obtain your benefits, so you can enlist our help without financial risk. Contact us today to explore how we can guide you through the disability approval process.