Prepare for Trick Questions from the Social Security Judge

Testifying at your Social Security disability hearing is not the same as having a conversation with your neighbor or even talking to your doctor. When your judge asks you questions about your medical condition, he will be listening for two purposes: (1) he wants to a better understanding of how your medical issues impact your day to day life; and (2) he will use your testimony to make a decision about your credibility.

Social Security judges understand that your written medical record does not tell the whole story about your capacity to function in a job. After all, most doctors are primarily focused on treating you, not evaluating your work capacity. Further, some doctors minimize symptoms in their notes to paint a picture of successful treatment, or because they do not believe in the concept of disability. 

Whatever his conclusions about medical records, the judge wants to hear from you. But he is not going to accept your testimony as truthful if he believes that you are prone to exaggeration or that you are more focused on collecting benefits than fighting to return to work.

Often you can expect your judge to ask you questions to which he already knows the answer. In this video, I describe a recent hearing where the judge asked my client about his cigarette smoking habit. The judge asked these questions for the express purpose of evaluating my client's credibility, and by answering inaccurately, my client definitely damaged his case. 

Your attorney can really earn his money by helping your practice answering likely hearing questions. Take advantage of your lawyer's experience and courtroom skills so that your presentation to the judge shows you as a believable and sincere disability claimant.

Want more information about what happens at a Social Security disability hearing? Here is a link to the "what happens at my hearing" page on my web site: http://bit.ly/1fsX1FF.

Jonathan Ginsberg
Ginsberg Law Offices
Social Security disability law
770-393-4985

You know what really grinds my gears?

Yeah, people use this word so often, and yet it's almost always used wrong. I don't know why, but this annoys me so much.

For the record, the legal definition of the word hearsay:
"An out-of-court statement offered to prove the truth of the matter asserted."

So any time a person says something out of court (oral or written), as long as the statement they said was to assert the truth, it's hearsay.

Not every statement a person makes out of court is hearsay.
For example:
- A command is not hearsay,
- questions are not hearsay,
(Remember that questions seek truth, they don't assert it)

It's not considered hearsay without a declarant. 
For example:
-A police dog that alerted the cops to the narcotics is not considered a declarant. 

Just because something is hearsay, does not mean it's inadmissible.

Rule 803. Exceptions to the Rule Against Hearsay

The following examples are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

- Present Sense Impression. 

A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

- Excited Utterance. 

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

- Then Existing Mental, Emotional, or Physical Condition.

A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.

- Statement Made for Medical Diagnosis or Treatment. 

A statement that:

• is made for — and is reasonably pertinent to — medical diagnosis or treatment; and
• describes medical history; past or present symptoms or sensations; their inception; or their general cause.

- Recorded Recollection. 

A record that:

• is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately;
• was made or adopted by the witness when the matter was fresh in the witness’s memory; and
• accurately reflects the witness’s knowledge.

If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.

- Records of a Regularly Conducted Activity. 

A record of an act, event, condition, opinion, or diagnosis if:

• the record was made at or near the time by — or from information transmitted by — someone with knowledge;
• the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
• making the record was a regular practice of that activity;
• all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and
• neither the opponent does not show that the source of information nor or the method or circumstances of preparation indicate a lack of trustworthiness.

- Absence of a Record of a Regularly Conducted Activity. 

Evidence that a matter is not included in a record described in paragraph (6) if:

• the evidence is admitted to prove that the matter did not occur or exist;
• a record was regularly kept for a matter of that kind; and
• neither the opponent does not show that the possible source of the information nor or other circumstances indicate a lack of trustworthiness.

- Public Records. 

A record or statement of a public office if:

• it sets out:i.) the office’s activities;ii.) a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel; oriii.) in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation; and
• neither the opponent does not show that the source of information nor or other circumstances indicate a lack of trustworthiness.

- Public Records of Vital Statistics. 

A record of a birth, death, or marriage, if reported to a public office in accordance with a legal duty.

And there is more, but I won't get into all of them now. If you would like to see them all for yourself click here for Cornell University's page on Rule 803. Exceptions to the Rule Against Hearsay.

Rule 804. Hearsay Exceptions; Declarant Unavailable

- The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness:

(1) Former Testimony. Testimony that:

(A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and

(B) is now offered against a party who had — or, in a civil case, whose predecessor in interest had — an opportunity and similar motive to develop it by direct, cross-, or redirect examination.

(2) Statement Under the Belief of Imminent Death.

In a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause or circumstances.

(3) Statement Against Interest. 

A statement that:

(A) a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to civil or criminal liability; and

(B) is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability.

(4) Statement of Personal or Family History. 

A statement about:

(A) the declarant’s own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood, adoption, or marriage, or similar facts of personal or family history, even though the declarant had no way of acquiring personal knowledge about that fact; or

(B) another person concerning any of these facts, as well as death, if the declarant was related to the person by blood, adoption, or marriage or was so intimately associated with the person’s family that the declarant’s information is likely to be accurate.

(5) [Other Exceptions .] [Transferred to Rule 807.]

(6) Statement Offered Against a Party That Wrongfully Caused the Declarant’s Unavailability. 

A statement offered against a party that wrongfully caused — or acquiesced in wrongfully causing — the declarant’s unavailability as a witness, and did so intending that result.

Here's a link to Cornell University's page on Rule 804.

So as you can see, there's a lot more to the word "hearsay" then most people think. I hope this has given a little more insight.

What to expect if you get arrested... or can you avoid it altogether?

NOTE : IF YOU LIVE AND WORK IN A STATE OTHER THAN CALIFORNIA, THE LAWS IN YOUR STATE MAY BE DIFFERENT. USE THIS INFORMATION AS A REFERENCE GUIDE ONLY- CHECK OUT THE LAWS THROUGH A LAW LIBRARY OR WITH A CRIMINAL LAWYER WHERE YOU LIVE.

SENTENCES FOR PANDERING, PIMPING AND PROSTITUTION ALSO VARY STATE TO STATE. YOU CAN PURCHASE A COPY OF YOUR STATE'S PENAL CODE FROM ANY BOOKSTORE WHICH SELLS LAW BOOKS (called a legal bookstore), OR YOU CAN LOOK UP THE LAWS ON THE INTERNET AS MOST STATES NOW PUBLISH THEIR PENAL CODES ONLINE. READ FOR ALL REFERENCES TO THE SEX WORK YOU ENGAGE IN AND MEMORIZE THE LAWS! YOUR BEST DEFENSE IS KNOWLEDGE! DON'T LET THEM CATCH YOU UNAWARE!

Click here to view the California Penal Code Laws and other information related to prostitution

LEGAL NOTICE: the content and intent of this page is protected by the First Amendment of the United States of America. This is not to be construed as offering or giving legal advice, or giving advice or encouragement to engage in illegal activity. The viewing, downloading or printing of this material may not be construed as intending to commit prostitution or related 'crimes.'

If you have been arrested, you need to consult with an attorney. The information on this page and in this website cannot be substituted for legal advice.

What to expect if you get arrested... or can you avoid it altogether?

Me, get arrested for prostitution? How could it happen to me? I'm a nude (or exotic) dancer... dominatrix... porn actress... or, I only do massage or work for an escort service... I'm not a prostitute! So, how could I get arrested?

by Norma Jean Almodovar (updated 2009)

I know what you're thinking. You only do massage therapy, domination, act in porn movies, work for a licensed escort service or do nude dancing. How could they arrest you for prostitution? Isn't a prostitute that poor ignorant drug addict who stands on the streets and sells her body for a few bucks to anyone who comes along? What you were doing was not illegal, was it? And besides, the cop who arrested you. . . he entrapped you, and that's illegal, isn't it?

If you live in California, entrapment for prostitution is legal (even though it should be unconstitutional, it has not been ruled against because no one has been able to get a case heard in a high court of appeals), thanks to liberal democrats who desire to protect us poor stupid women from being "exploited." And, in California, prostitution is so vaguely defined that it probably includes behavior that you thought was acceptable and legal. You probably thought that if you didn't have sexual intercourse or give a "blow job" you were not committing prostitution. And if you thought that you weren't breaking the law because you didn't take money for the sex act, but you took "other consideration" instead, unfortunately you are wrong.

If you get arrested, and if you plead guilty or are convicted, you may end up with a prostitution record which will brand you as a prostitute forever. Such a record will prevent you from being able to do certain things and get certain kinds of business licenses such as real estate and becoming a teacher, so it is important not to plead guilty or get a conviction if at all possible. Not to mention a conviction for prostitution carries a mandatory jail sentence on the first offense, and sometimes up to a year on the second offense.

* Know what your rights are and know the law!!!!! The police expect you to be ignorant of your rights and of the law - so they often get away with doing things to you that are illegal. By knowing what the law is and what your rights are, you can protect yourself from police abuse.

* Know a good attorney and a bail bonds person who will be there for you if you get arrested - not every bail bonds company will bail out women or men who have been arrested on prostitution charges. They will bail out men who have been accused of beating their wives, or who have committed armed robbery, but not men or women who have been charged with "being exploited" for money!

* Fight the law - do not plead guilty - take your case to trial - make them work to put you in jail. The law is wrong and should be fought. If we all fight our cases, instead of giving in, the courts would be more overcrowded than ever, and the police would have to stop arresting us. (see more on this below)

* Giving the names of your friends or your clients to the police will not help you get a lesser sentence. The police will tell you that if you cooperate with them, they can help you with the judge- but the reality is that they can't do anything at all, so if you turn in your friends or your clients, you do so for nothing, and you have lost your friend.

* After your first arrest, the likelihood of your getting arrested again within the next few weeks or months (until your case has been resolved) increases 90 percent more than before you were arrested the first time. The reason for this is simply because the police want to keep you from pleading not guilty in court. If you have never been arrested before, and go before a judge, you may be able to convince him or her that your arrest was a mistake- but, if you get arrested again right away before your case has been settled, you will have a more difficult time convincing a judge or city attorney that you really are not a prostitute and should not get the mandatory jail sentence.

* Always exercise extreme caution when speaking to anyone, including those you know well. If they suddenly begin asking questions that involve money or sex - questions that they already know the answers to - bells should go off in your head. Tell him, "Why whatever do you mean?" Don't give the cops ammunition to use against you. Always talk to your clients (on the phone and in person) as though your conversation was being tape recorded and will be played in front of a jury. Don't say anything that will incriminate you.