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TRICK QUESTIONS BY SOCIAL SECURITY JUDGES

 During a disability hearing, the claimant will talk a lot and answer a lot of questions.  Some of the judge's questions may not be what you think they are.  I call them "trick questions," but they're questions that have a less than obvious purpose.  I am here going to interpret these questions, thinking the way a judge thinks.

1. Question:  Tell me how your most recent job ended.  Did you quit, get fired or laid off?

Interpretation:  I want to know if you stopped working for some reason besides disability.  If your company hadn't closed, or if you hadn't been fired, would you still be working there?  If so, you are not really disabled.  You stopped working for some reason besides disability.  Social Security doesn't pay for any other reason.

2.  Do you smoke?

Interpretation:  Unless you have COPD or a chronic respiratory illness, I really don't care if you smoke.  I'm just trying to see if you will lie to me or if you will tell me the truth. This is a good question to start with because it gives you a pretty good chance to lie.  (I already know that you smoke 2 packs a day and have for 30 years)!

3. Question:  Who do you live with?

Interpretation:  In a moment I'm going to ask you questions like:  Can you prepare meals for your kids?  Can you pick up your baby?  Can you help your children get dressed and ready for school?  Sorry, I don't have time to look at your kids' pictures.

4. What does your spouse do?

Interpretation:  I'd like to know if your whole adult family is on disability or if you are only here because you need to be.  What your spouse does really has no impact on your claim.

5. Question:  Have you received any unemployment benefits since (alleged date of disability)?

Interpretation:  Have you lied to a government agency recently?  If you filed for unemployment benefits you told the state that you are able to work, ready to work and looking for work.  You are now telling me that you are unable to work or disabled.  Which one of us are you lying to?  Also, I am not about to let you "double dip" the system by getting both disability and unemployment payments during the same time period.  Nope, not on my watch.

6.  Question:  When's the last time you saw a doctor for your migraines (or back pain, or whatever)?

Interpretation:  If you haven't seen a doctor in 18 to 24 months it probably indicates that your pain and discomfort are not nearly as severe as you are telling me.  If it really hurts, you'd try to get help. No insurance, no money probably won't convince the judge.

7.  Are your children involved in any sports at school?

Interpretation:  Now, I realize this sounds like an off the wall and totally irrevelant question.  But I'm just setting you up for my next question:  Do you ever attend their ball games, soccer practice, or swim meets?  If so, I'm going to ask how you sit on those hard, uncomfortable bleachers for two or three hours with your back and leg pain--when it hits 13 on a scale of 1 to 10.  Heck, my back isn't sick and I can't sit on those things that long myself.

8.  When's the last time you were at Tunica?

Interpretation:  You made the mistake of telling your family doctor that you enjoy driving down to Tunica for the weekend--and he had little enough sense to write it down in your medical record.  You tell me you can only sit for 10 to 15 minutes at a time, but my next question will be:  How long does it take to drive to Tunica from where you live?  5 or 6 hours?  Interesting. 

Should you always be honest with Social Security judges?  Yes, absolutely.  You will testify under oath. Trth is imperative. However, don't ever believe that these judges are gullible or stupid.  They survived 3 years of law school, for heavens sake. And many of them have kids that lie to them all the time, so they are a pro at figuring it out.  They don't believe much of what they hear and only half of what they see.  If you lie or exaggerate, they will know it.  

P.S.  What goes in your medical record stays in your medical record.  Judges read the medical records.  "I've Got a Secret" couldn't be a hit TV show in the Social Security world.

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