TRICK QUESTIONS AT YOUR HEARING

I call them trick questions.  I'm not sure the judge calls them that.  But these are questions that can quickly derail your Social Security disability hearing and head you off in a bad direction.  Here are some examples:

1. Why did you quit your last job?  Or, why did you stop working?

If you can't honestly answer that you quit working because you were unable to continue, then you are not a good candidate for the Social Security disability program.  It is a disability program and disability is the only thing they will pay for.  They will not pay for being laid off, your company closed, all the employees had to transfer to Topeka, or you had to stay home and

2.  After you stopped working at (Employer), did you look for another job?

If you answer yes, it sounds like you believed you were able to work but just couldn't find a job.  This question really goes back to Question 1.  If you were able to find another job and continue working, then you were not disabled.  Many claimants truthfully answer something like this:  "I did not look for work because I didn't feel I would be able to hold a job because of (pain, migraines, seizures....etc.). 

3. Have you worked since your alleged onset date?

If the answer is yes, it could be a problem.  If you answered yes, let's look at your work after alleged onset to see if it rules out Social Security disability benefits.

First, was the work performed at substantial gainful activity (SGA)?  In 2018, it is SGA if you had gross earning of $1,180 per month.  This precludes a disability benefit for the months you had this much earnings.  If your wages after your AOD were less than $1,180 per month, it technically doesn't preclude a disability benefit.  That SGA limit was $1,170 in 2017, $1,130 for 2016, etc.

Also, if you had post AOD wages at or above the SGA limit, but the job lasted less than three months and you were forced to quit because of your medical condition, you can argue that the job was "failed work attempt."  In other words, you tried to go back to work but were not able to do so.

There are a dozen or more questions that you should anticipate before going to your disability appeal hearing.  Being prepared to give accurate, truthful information may help you avoid confusion and compromising your benefits (or back pay). The most perplexing questions often have very simple answers!