At almost every disability hearing, the judge asks some version of the same question: why can’t you work? It sounds simple, but how you answer it matters more than most people realize. The wrong phrasing can hurt your case even when everything else in your file is strong.
The phrase that sank a hearing
I had a hearing one time where the judge asked my client why he couldn’t work, and he answered, “Well, I can work, but my back and my knees would be too painful.” He said that phrase, “I can work, but”, at least ten times during the hearing. He kept repeating it. What he was trying to say was that he couldn’t really work, but that is not what the judge heard. The judge heard “I can work.” I wanted to tell him to stop, but there was no way to do that in front of the judge without it looking bad. I learned an important lesson that day: your delivery matters.
Why your wording matters so much
Even when you are genuinely trying to explain that you can’t work, the way you say it can send the opposite message. Be thoughtful about how you answer. Don’t phrase your situation in a way that states, or even suggests, that you could work. The judge is listening closely to the words you choose.
The answers that don’t help you
There are some very bad ways to answer the question “why can’t you work?” These are the ones I see trip people up, because they point to outside factors instead of your health:
“I have a criminal history and can’t pass a background check.” That is not what the SSA is looking for. You need to be unable to work because of a medical condition.
“I can’t drive or I don’t have a car.” That might be related to your situation, but it is not a medical reason you can’t work.
“No one around here is hiring” or “no one will hire me.” The job market is not the issue the judge is deciding.
A better way to say it
If the problem really is that employers won’t take a chance on you, there is a stronger way to put it. Instead of “no one will hire me,” try something like: “I’ve tried looking for work, but with all my health conditions, I would be a liability for employers.” That ties the same idea back to your health, which is what matters.
Final thought
Whenever you answer the judge’s question, why can’t you work?, it needs to come back to your own health, not outside factors like your record, your transportation, or the job market. Say it clearly, and don’t talk yourself into sounding more capable than you are. If you know someone with a hearing coming up, this is worth passing along before they sit in front of a judge.
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@bradthomasdisability Phrasing Matters When You Talk To A Disability Judge
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