What Kinds of Questions From The Judge Should I Be Ready for at My Hearing?

WHAT KINDS OF QUESTIONS FROM THE JUDGE SHOULD I BE READY FOR AT MY HEARING?

Each judge is different, but a lot of judges like to ask the following two questions:
1. “Tell me in your own words why you are unable to work, or why are you disabled?” For some reason this question throws a lot of people off and they stumble to answer it. I always advise my clients to practice their answer to this question in case it’s asked. In fact, I sometimes ask the question if the judge doesn’t? I also recommend that in answering, they start at their head and work their way down to the tips of their toes, stopping at each part of their body with which they have a problem to explain that problem to the judge. In mental impairment cases they need to discuss their mental\emotional issues as part of a problem with the head. Where pain is an issue for them, in addition to discussing the pain they have in a particular part of their body, as part of the head they also need to tell the judge how their pain affects their memory, concentration, understanding instructions, and focus in addition to the limiting effect of their pain on physical activities.

Sometime judges also like to give the claimant a description of a made up job and what physical or mental tasks the job will involve and then ask if the claimant thinks he or she could do that job. I recommend the same approach in answering this question as with the first, stopping at each part of the body where you have a problem that would impact your performance of the described job. For example, if the described job involves being on your feet or walking a lot and you can’t be on your feet continually for but very short periods of time without having to stop and sit for a period, then let the judge know this in your answer.

Finally, remember that the main issue is whether you can perform a job on a fulltime basis. So your answer to either of these questions needs to focus on the problems you have which would prevent that from happening.

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