Anxiety about testifying at your administrative law judge (ALJ) hearing is one of the most common concerns clients share with us. Let’s visit this topic and share some tips for providing a compelling testimony at your ALJ hearing.
WHAT IF I SAY THE WRONG THING?
Our number one pro tip for you and your response is very simple: As long as you are being truthful, there is no right or wrong answer. However, let’s look a little deeper.
EFFECTIVE VERBIAGE
There is a specific language an administrative law judge is used to hearing. For example, if you tell the judge, “I have anxiety”, the judge is not going to understand what problems you are trying to convey, how the anxiety manifests itself in daily living, and why it prevents you from working. The ALJ is trained to evaluate symptoms and limitations, so let’s discuss this.
It is uncommon that a judge will disagree with you stating, “I have —(insert medical condition—). An even more effective way of stating your diagnosis is to tell your diagnosis and then expound on how the condition manifests itself. “I have severe arthritis, and I am unable to use my hands for longer than 5 minutes because of the extreme pain and cramping within my joints.” Providing more details, such as things you are unable to do, is beneficial.
The number one mistake we hear from clients is that they focus so much on the medical condition that they lose sight of the symptoms and the limitations. This is important because as the judge listens to you, they are trained to formulate what’s called a residual functional capacity. This is when the judge tries to determine what you can and cannot do in a workplace. For example:
- How long can you stand or how far can you walk before you have to sit down?
- How long can you focus or concentrate on the most basic tasks?
- Are you able to work in the heat or the cold?
- Can you climb a ladder?
While these questions seem very basic and you may have already answered these questions numerous times in various forms, more than likely, the judge is going to ask you them…again. Thus, we want you to be prepared to share how you can or cannot perform these tasks.
Another concept to understand is that when you are testifying, the judge is listening to what you are saying, and they are comparing it to what they already know about you and what your file says. It is the responsibility of the judge to review all your medical records before the hearing and then to come and listen to your testimony. It is extremely important that you do not overstate or understate your symptoms. Be honest and open and answer any questions the judge may ask without being evasive. If you are confused about what the judge is asking or have questions about what has been said, don’t be discouraged or stumble around and attempt to provide an answer. Tell the judge that you don’t understand the question, and more than likely, they’ll rephrase it in a clearer way that makes sense to you. Do not make up an answer or answer the judge if you don’t understand it.
Neither your attorney nor the judge will be upset if you cannot recall or do not know the answer to a question. This is your opportunity to tell the judge everything about your limitations and to prove that you are disabled.
PREVIOUS WORK HISTORY
In your case, the judge may ask some very specific questions related to your previous job history, such as where you have worked prior or what you did there. Again, your attorney should prepare you for this line of questioning, but if you are asked something you are not prepared for, be honest about your symptoms and limitations, and focus on what you cannot do rather than what you wish you could do. Also, be sure to let your attorney and the judge know if you need something clarified.
If and when you find out you will be attending an administrative law judge hearing, we highly suggest you obtain legal counsel if you do not have legal representation for your claim. The ALJ hearing is a crucial step in whether or not you’ll receive disability, and having legal representation is the best way to ensure you are prepared and know what to expect at your hearing.
At Parmele Disability Advocates, we have an entire team of disability experts who are dedicated to working with clients at this stage of the process. Their experience and solid knowledge are highly beneficial to anyone attending an administrative law judge hearing (in-person or virtually). If you are at this stage of your claim and do not have legal representation, call Parmele Disability Advocates at 866-889-2570 to establish a no-cost consultation so we can review your case and help determine your next best steps.
Parmele Disability Advocates. Disability advocacy for all.