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
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