In a Social Security Disability claim, it can take (what seems like) an eternity to be scheduled for a hearing date. After months of waiting, you finally receive your hearing notice. Now you will have your opportunity to sit in front of the Administrative Law Judge (ALJ) and explain how your disabilities prevent you from working. Since the ALJ is the person who will make the decision about whether or not you qualify for Social Security Disability benefits, you want to be sure that you are able to convey your symptoms in an honest and credible manner.
The Social Security Administration defines symptoms as “an individual’s own description of his or her physical or mental impairments.” Also, there must be medical evidence that the claimant has a condition expected to cause those symptoms. Social Security Ruling, (96-7) requires that under certain circumstances the Judge should make a finding about the credibility of an individual’s statements about pain or other symptoms, and their effect on the claimant.
Therefore, in your Social Security Disability hearing the ALJ may consider:
- The consistency of your testimony regarding your complaints and limitations
- If your complaints are supported by objective evidence in your medical record
- Whether you have a persistent history of medical treatment for your complaints.
It’s important to remember that it will not benefit you to over-exaggerate your symptoms when providing testimony. The best thing you can do for yourself is to testify honestly about your limitations and their cumulative effect on your life. The medical records contained in the Social Security Disability file of each claimant are an extremely important part of the claim. However, if a claimant is not truthful, it can negatively impact the outcome of the claim no matter how great the supporting medical evidence is.
The Social Security Disability attorneys at the Sam Bernstein Law Firm work closely with our clients to make sure they are aware of the questions that may be posed at the hearing in order to make them more comfortable, and to be sure there are no surprises. If you have been denied for Social Security Disability benefits and you have questions about your upcoming hearing, contact the Attorneys at The Sam Bernstein Law Firm for a free consultation.
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