If you’re heading into a Social Security Disability hearing, how you show up and how you answer questions matters more than most people realize.

First, whenever possible, choose a telephone hearing. In-person hearings tend to be physically painful and emotionally draining, and video hearings add unnecessary stress because the technology is unreliable and pulls your focus toward how you look instead of what you’re saying. Your testimony should sound like a natural conversation, not a performance. The best hearings feel like two people catching up, not an interrogation.

When you testify, don’t bring written notes and don’t try to recite facts or dates from your medical records. That’s not what the judge is looking for. What matters is how your medical conditions affect your ability to work, in your own words. A good lawyer will help by asking open-ended questions and guiding you back if you drift off topic. The most important question you’ll be asked is some version of: why can’t you work? That answer should be practiced ahead of time so your strongest points come first.

If your hearing is in person or by video, wear what you normally wear every day and use all prescribed assistive devices, like canes, braces, walkers, or walking boots. Don’t dress up and don’t demonstrate movements with your body. Tell, don’t show. Always address the judge as Your Honor, never talk over them, and be cautious if the judge starts asking whether you could work under certain conditions. Those questions are often designed to get you to admit you can work.

Finally, don’t exhaust your emotions before the hearing. Emotional testimony can connect with the judge in a way that matter-of-fact testimony can not, and judges should understand the real-life weight of their decision to grant or deny your case.

Action Items:

  • Choose a telephone hearing whenever possible.

  • Practice your answer to why you are unable to work, putting your strongest reasons first.

  • Use prescribed assistive devices and dress as you normally would.

  • Avoid notes, demonstrations, and talking over the judge.

  • Be thoughtful when answering “could you work if…” questions.

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@bradthomasdisability

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