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Archive for Court

Your Testimony: Daily Activities

August 21st, 2012 by Sharon Christie

To understand the impact of your medical condition on your ability to function, the Administrative Law Judge (ALJ) will be interested in your daily activities. The specific questions the ALJ or your disability lawyer asks you will depend on your condition. However, most questions focus on the activities that you perform on a daily basis.

In General

The ALJ or your lawyer may ask you questions about your daily routine, including what an average day is like. Describe your day for the judge from the time you get up in the morning until you go to bed at night. Provide specific examples of things you do differently now than when you were able to work.

Personal care

Tell the ALJ if you need help with your personal care, such as bathing, dressing, tying shoelaces, and combing your hair. He or she will also want to know if you need to be reminded to bathe, get dressed, or change clothes.

Household tasks

The ALJ will be interested in how you manage to keep up your home. Are you able to do the cooking, cleaning, shopping, and yard work yourself or do you require assistance? Have you given up on some household chores or do you do them less frequently or less thoroughly than you did before your injury or illness? Consider each of the chores that maintaining your household requires and be prepared to describe how you manage it. Can you finish a household task in a reasonable amount of time? If not, give examples of tasks that take you a long time to complete.

Socializing and leisure activities

The ALJ will want to know what social activities you engage in. For example, are you able to go out to eat, to the movies, sporting events, or church? How often do you visit with family and friends? Do you have problems getting along with people? Are you able to participate in any hobbies? Have you had to give up any hobbies because of your condition?

Your Social Security disability hearing is your chance to meet the ALJ face to face and persuade him or her you are unable to work.

Guidance from a disability lawyer will help ensure that your testimony is effective. Adequate preparation for the hearing is essential to a successful outcome. In my office we spend a good deal of time preparing clients for the hearing, reviewing the types of questions that will be asked at the hearing and making sure that our clients feel comfortable with the process.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims.

If you need help with your disability claim, contact my office today at 410-823-8200.

Categories : Court, Social Security Disability
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Your Testimony: Ability to Travel

August 15th, 2012 by Sharon Christie

Many impairments, both physical and mental, can inhibit a person’s ability to travel. Your ability to travel is one factor that the Administrative Law Judge (ALJ) may consider in your case.

Traveling in general

ALJs often ask claimants how they got to the hearing. Other common questions include how often you left your home during the past month, where you went, and whether you went alone or with someone.

Driving

You will be asked questions about your ability to drive, such as whether you have a license or a handicapped parking permit. If your condition prevents you from driving, be prepared to explain why. If you drive, the ALJ will be interested in how often you drive, and how far you can drive before needing to stop for a rest. You should describe any difficulties you have with driving such as getting in and out of the car, turning your head while driving, looking behind you when you back up, and using your hands, arms, and legs. The ALJ will also want to know about whether you frequently get lost, forget where you are going, or feel confused, nervous or afraid while driving. If you are unable to drive, the ALJ will want to know how you get around.

Public transportation

The ALJ will be interested in your ability to ride public transportation, especially if you do not drive. For example, are you able to walk to the bus stop, stand while waiting for the bus, and climb into and out of the bus? Can you stand on the bus or do you need to sit? Have you ever gotten lost while riding the bus? Does riding on a bus with strangers make you anxious or fearful?

These are just some of the questions that you may be asked at your hearing.

If you need help with your disability claim, contact my office today at 410-823-8200.

Categories : Court, Social Security Disability
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Your Testimony: Lifting, Carrying, Bending, etc.

August 12th, 2012 by Sharon Christie

At your Social Security disability hearing, your disability lawyer or the Administrative Law Judge (ALJ) will ask you questions about your physical restrictions and limitations. Many job duties require an employee to lift, carry, bend, push, pull and manipulate objects. Thus, the ALJ must consider whether you are capable of these tasks.

Lifting and carrying

If your condition restricts your ability to lift and carry, you want to describe your limitations. The ALJ will want to know how much weight you can lift and carry if you had to do it frequently (up to two-thirds of a work day) or occasionally (up to one-third of a workday). You may be asked what objects you could lift in the past but can no longer manage. Be prepared to describe what happens to you if you overdo it by lifting or carrying too much weight.

Postural limitations

Postural limitations include restrictions in your ability to bend, twist, stoop, kneel, or crouch. They also include difficulties climbing stairs and ladders. If you have any of these problems, describe them to the ALJ at your hearing. Be prepared to explain what happens if you overdo any of these activities.

Manipulative limitations

If you have problems using your fingers, hands, and arms, be prepared to describe them at your hearing. Can you reach in all directions, including overhead? Can you hold objects in your hands? Do you frequently drop things? Can you manipulate small items with your fingers? Can you do repetitive hand activities for most of an eight-hour working day? Can you push or pull levers? Are you able to use tools, such as screw drivers and hammers? Tell the ALJ about the day-to-day activities that are affected by your limitations. For example, can you open a jar? Turn a door knob? Button clothing? Pick up coins? Write with a pen or pencil?

Your testimony at your disability hearing is crucial to prove you are disabled. A disability attorney can guide you so that you can provide the strongest testimony possible. Adequate preparation for the hearing is essential to a successful outcome. In my office we spend a good deal of time preparing clients for the hearing, reviewing the types of questions that will be asked at the hearing and making sure that our clients feel comfortable with the process.

I invite you to order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims by clicking on the image in the right column on this page.  If you need help with your disability claim, contact my office today at 410-823-8200.

Categories : Court, Social Security Disability
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Your Testimony – Fatigue

August 8th, 2012 by Sharon Christie

During your Social Security disability hearing, you will need to answer questions. Your answers to these questions are vitally important in helping the Administrative Law Judge (ALJ) understand how your symptoms prevent you from being able to work. If you suffer from fatigue, your testimony can be especially important because fatigue is subjective. You cannot see it on an x-ray or in a blood test. The only way the ALJ can understand your fatigue is through your description. Remember, even though you have been living with it for a long time, the ALJ has just met you and you will only be talking to him for 30-60 minutes. You must give a good description of your fatigue and how it affects you.

Describing your fatigue

Your testimony about your fatigue will probably begin with a description of it. Does it feel like you are weak, tired, sleepy, or without energy? Does your fatigue sap your motivation so it’s hard for you to accomplish anything? You may be asked when you first experienced fatigue and whether it comes on gradually or suddenly. What activities do you no longer do because of fatigue?

What makes it worse?

Describe any events that aggravate your fatigue. Physical exertion, stress, temperature, humidity, and depression are common aggravating events. Provide concrete examples of circumstances that cause your fatigue to worsen. If physical activity is a factor, know how much you can withstand before feeling fatigued. Pay attention to how you feel as the day progresses. Is fatigue affected by the time of day? What time of day is worse? What time of day is better?

What makes it better?

Does anything lessen your fatigue? Is it better after you rest or sleep? After you have a positive experience? If rest helps, know how long you need to rest for your fatigue to improve and tell the ALJ.

Adequate preparation for the hearing is essential to a successful outcome. In my office we spend a good deal of time preparing clients for the hearing, reviewing the types of questions that will be asked at the hearing and making sure that our clients feel comfortable with the process.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims. If you need help with your disability claim, contact my office today at 410-823-8200.

Categories : Court, Social Security Disability
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Your Testimony – Standing & Walking Limitations

August 5th, 2012 by Sharon Christie

During your Social Security disability hearing, the Administrative Law Judge (ALJ) will evaluate your residual functional capacity or RFC. Residual functional capacity is a measure of what work-related physical tasks you are capable of performing on a full-time basis. Your abilities to sit, stand, and walk are important aspects of your RFC. Limitations on these functions are likely to have a significant impact on the jobs that you can do. In answering questions about your physical abilities, consider what you are capable of doing for eight hours a day, five days a week, 50 weeks a year.

Standing

If you have problems standing, your disability lawyer or the ALJ will ask you how long you can stand continuously in one stretch and how long you can stand during an eight-hour working day. You may also be asked if you can stand without leaning against something and in a position that allows you to work with your arms extended, neck bent forward, and hands available to manipulate objects.

Be prepared to offer specific examples of your standing limitations and how they have affect your day-to-day activities. For example, can you stand long enough to prepare a meal, or do the dishes? Can you wait in line to buy coffee or movie tickets? Can you stand for long enough to wait for a bus?

Walking

If you have walking limitations, expect to be asked how long and how far you can walk continuously in one stretch without stopping to rest and for how much of an eight hour day can you walk. The ALJ will want to know if you can walk at a normal speed and whether you need a crutch, cane, or walker. Be prepared to offer specific examples of your walking limitations. For example, can you walk up and down the aisles at the grocery store? Are you able to walk to the mail box, bus stop, or around the neighborhood?

Adequate preparation for the hearing is essential to a successful outcome. In my office, we spend a good deal of time preparing clients for the hearing, reviewing the types of questions that will be asked at the hearing and making sure that our clients feel comfortable with the process.

Categories : Court, Social Security Disability
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Your Testimony – Sitting Limitations

August 2nd, 2012 by Sharon Christie

The Administrative Law Judge (ALJ) will consider your residual functional capacity, or RFC, at the disability hearing. RFC is the most that you are able to do physically on a full time basis, 8 hours per day, 5 days per week, for approximately 50 weeks per year in a regular work setting. One aspect of your physical RFC is your ability to sit, as many jobs require the ability to sit for long periods.

Sitting limitations and restrictions. If your ability to sit is limited, either the judge or your disability lawyer will ask you how long you can sit at a single stretch and how long during a typical eight-hour work day can you sit without a break. The ALJ will want to know how long a break you need to take before you can sit again and why you need to take a break. If your condition requires you to elevate one or both legs, the ALJ will want to know which leg needs to be elevated, how high you need to raise it, and for how long it must remain elevated. The ALJ will also want to know whether you need help getting up and whether you experience any problems after getting up such as stiffness, pain, or dizziness.

Restrictions on type of seating and position. The ALJ will want to know what kind of seats you can and cannot sit on as jobs sometimes have seating requirements. For example, can you sit in an armless office chair or backless stool? Can you sit on a high stool or bench? The ALJ will want to know if you have any postural restrictions while you are seated that could limit the type of work you can do. For example, when seated, can you bend your neck to look down at your work and can you extend your arms and use your hands to manipulate objects?

Sitting and your pain. Tell the ALJ how pain limits your ability to sit. Be prepared to explain where you experience pain when you sit, how intense the pain feels, and the quality of the pain (e.g., aching, stabbing, burning, radiating). Does changing your position in the chair or getting out of the chair help?

Concrete examples. Be prepared to explain how your sitting limitations have affected your day-to-day activities. For example, can you sit through a movie or television program? Have you given up travel because you can’t sit for the duration of a plane trip or car ride? Have you given up hobbies that require sitting?

Your testimony about your RFC is vitally important. You want to be well-prepared to present the best testimony you can.

Categories : Court, Social Security Disability
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Your Testimony – Describing Shortness of Breath

July 30th, 2012 by Sharon Christie

Testifying About Your Symptoms:

During your Social Security disability hearing, you will be asked about your medical problems and the symptoms that you have. These questions are intended to provide additional information to the Administrative Law Judge (ALJ) about how your symptoms affect your ability to perform work-related activities and to hold down a full-time job.

One common symptom that can be disabling is shortness of breath.

If your medical condition causes shortness of breath, you should be able to answer the following:

  1. What causes your shortness of breath? Shortness of breath may be due to a variety of reasons such as heart problems, asthma, COPD, allergies, exertion, and panic attacks, to name a few. You may be asked about whether you suffer from respiratory infections and how often you get them.
  2. Describe the feeling of being short of breath. Do you feel like a heavy weight is on your chest? Like you have been running? Like your chest is burning or about to burst? Like you are choking? When you breathe, do you wheeze?
  3. How does your shortness of breath limits you physically? How far and how fast you can walk before you have trouble breathing? How many stairs can you climb? Do you need to sleep sitting up? Expect to be asked how often you experience acute episodes of shortness of breath and what brings them on.
  4. Does dust, pollen, heat, or fumes make your breathing more difficult?
  5. How would your shortness of breath impact your ability to function at work? For example, would you need unscheduled breaks? How frequently would you need them and during the breaks, would you need to sit or lie down?

Your testimony about your symptoms is very important. Adequate preparation for the hearing is essential to a successful outcome. In my office we spend a good deal of time preparing clients for the hearing, reviewing the types of questions that will be asked at the hearing and making sure that our clients feel comfortable with the process.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims. (a link to order your copy is to the right, on this page)

If you need help with your disability claim, contact my office today at 410-823-8200.

Categories : Court, Social Security Disability
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Your Testimony – Pain

July 27th, 2012 by Sharon Christie

A major issue at all Social Security disability hearings is how much of an impact your condition has on your ability to function. Therefore, you can expect to testify about the nature and severity of your symptoms. In fact, your testimony about your symptoms may be the most important part of your testimony.

One disabling symptom that many claimants experience is pain. If your impairment causes you pain, your disability lawyer or the Administrative Law Judge (ALJ) will likely ask you to describe your pain, the treatments you are trying or have tried for your pain, and the restrictions caused by your pain.

Describing Your Pain

Pain is subjective; therefore, describing your pain in vivid terms will help the ALJ gain an understanding of what you are feeling. For example, you may answer questions about the pain’s location and frequency; how long you have had it; whether it comes and goes or is constant; and the type of pain you experience (burning, aching, throbbing, stabbing, etc). If you have experienced periods of pain remission, you may be asked to describe what caused the remission. You may also be asked to rate your pain on a scale of 1 to 10, with 10 being the worst pain you have ever had.

Explaining Treatment for Your Pain

The ALJ will also be interested in how often you see your treating doctor and the types of treatments you have undergone to alleviate the pain. If you are currently taking medication to alleviate the pain, you may answer several questions regarding whether the medication is effective and if it causes any side-effects. If you use home remedies such as hot baths or ointments to relieve the pain, you should mention these remedies to the ALJ and their effectiveness for alleviating your pain.

Restrictions Caused by the Pain

Finally, you may be asked questions regarding the impact of the pain on your daily life. For example, many claimants are prevented from pursuing their favorite hobbies or completing routine tasks because of pain. Some require assistive devices, such as canes, braces, gripping devices, bathtub or shower bars. Some claimants experience depression, irritability, and inability to concentrate because of pain. In addition, the ALJ will want to know how the pain has affected your ability to work.

Being able to describe your physical symptoms clearly and vividly may determine whether you receive a favorable disability determination. Adequate preparation for the hearing is essential to a successful outcome. In my office we spend a good deal of time preparing clients for the hearing, reviewing the types of questions that will be asked at the hearing and making sure that our clients feel comfortable with the process.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, and read through the rest of this website. If you need help with your disability claim, contact my office today at 410-823-8200.

Categories : Court, Social Security Disability
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How Does the Social Security Administration Determine Whether or Not You Are Capable of Working?

April 12th, 2012 by Sharon Christie

Social Security says you are disabled if:

(1) your medical impairments prevent you from performing any job you’ve done in the past 15 years; and

(2) there aren’t many other jobs you are capable of doing, considering your age, education and work experience.

In determining whether there aren’t many other jobs you could do, the Social Security Administration (SSA) follows some general rules and guidelines. The main question is: how does your disability directly limit your ability to move around in the manner that most jobs require? For example, most jobs require (to varying degrees) the physical ability to work with your hands and the ability to sit, stand, walk, lift, and bend.

In general, it is hardest to prove a disability if you are under the age of 50. In that age category, you must prove that you are incapable of having a sedentary job, one in which you can stay seated the whole day or alternate between standing and sitting throughout the workday. Note that there is a difference between being capable of such physical demands and being actually hired for a position like this. The SSA will look at your physical abilities and limitations, not the likelihood of you getting a particular job or type of job.

If you are over the age of 50, the rules for determining disability are slightly more favorable to you. If you are age 50 to 54, generally you need to prove that you are incapable of doing “light work,” which means you can’t do work that requires you to stand for most of the day and lift objects that weigh less than 20 pounds. So you can still be found disabled in this age range even if you can do a “desk job” where you sit all day long.

The disability rules are even more favorable to you if you are over the age of 55. In that age range, you must prove that you are incapable of doing “medium work,” which is work requiring that you stand for most of the day and that often requires you to lift objects that weigh anywhere from 25 to 50 pounds.

Your disability lawyer will prove what you are capable of and incapable of doing in a work environment through your medical evidence and your testimony in front of the judge at your hearing.

For more information, order your complimentary copy of my book, The Unofficial Guide to Social Security Disability Claims by clicking on the picture to the right.

If you have any questions, don’t hesitate to contact me.  I’d be happy to help.

Categories : Court, Social Security Disability
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What You Need To Know About Testifying at a Social Security Disability Hearing

April 6th, 2012 by Sharon Christie

If you follow some basic guidelines, you should be in good shape:

1. Tell the truth.
2. Share all of the relevant facts and details.
3. Give specific dates and time periods, when possible; if you can’t remember, give an approximation.
4. Be prepared.

Above all else, tell the truth. If the judge thinks you’re lying, you will likely lose your case. Honestly tell the judge your true capabilities. This means don’t exaggerate your disability, but also don’t down-play its effect on you. Also, try to feel comfortable. If you cannot sit for the entire time you are testifying, it is fine to ask the judge if you may stand up for a bit. You should do this and you should not feel self-conscious about asking to do so.

Share all of the relevant facts and details that will help the judge decide your case. You have probably seen crime shows on TV where lawyers advise clients to say as little as possible to government agents. Your disability hearing is not a crime show. The judge needs your help to give him or her all of the necessary information to determine that you are disabled. So don’t give short responses or leave out relevant details or explanations. It is your job to enlighten the judge as to why your disability prevents you from working. Remember; never leave out important details because you think it might hurt your case. Those details are probably in your medical records and the judge already knows about them. If the judge thinks you are trying to hide information, he or she is less likely to believe any of your testimony.

Give specific dates and time periods when you can remember them. If you can’t remember exactly, give an approximate date. Don’t worry if you can’t remember. You can always give a ballpark month or year. The judge will understand if you get a date wrong or can’t remember exactly. Your honesty with the judge won’t be hurt if you accidentally give a wrong date for something. Just do the best you can.

The more prepared you are, the more relaxed you will be before the judge. In the day or two before your hearing, it would be helpful to review information about your medical history and symptoms. The judge will likely ask about your education and work history, as well as what activities you do on a daily basis, and what you think your work limitations are, so you want to review this also.

For more information about Social Security disability claims, I invite you to look around this site.  While here, order a FREE copy of my book, The Unofficial Guide to Social Security Disability Claims by clicking on the picture of it in the column to the right.

Categories : Court, Social Security Disability
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