When people apply for Social Security disability benefits, they complete questionnaires regarding their condition, what medications they are currently taking, and most importantly, about their activities. I say most importantly because the activity section is an applicant's opportunity to insert some identity in to a paper file. As I explain below, a typical Administrative Law Judge ("ALJ") for the Social Security Administration ("SSA") is not as interested in the condition, as he or she is in how an applicant's condition affects his or her ability to perform work. In other words, how does an applicant's condition affect him or her from performing activities?
Specific examples are essential tools to provide to an ALJ, via questionnaires or actual testimony at an ALJ hearing, so that an ALJ can properly evaluate an applicant. For instance, if an ALJ asks an applicant how far he can walk, a typical response may be: "Well, not too far". Of course, the problem with that response is that such a statement is very subjective as one person's idea of "not too far" might be 30 feet while another's interpretation could be one mile. However, consider the effectiveness of an applicant with heart and respiratory problems responding to the ALJ that he has a hard time walking to the mailbox about 50 feet from the his front door because he is out of breath by the time he arrives at the mailbox.
In addition and if a viable option, I consistently request that my clients' family members and friends write letters to the ALJ to be submitted in to the record and also have them available to testify if necessary. I believe such a practice is imperative to the demonstration of the limited abilities of the applicant for a number of reasons. One reason is simply for evidentiary purposes. Another statement to corroborate the applicant's testimony as to his or her condition is helpful.
However, there are even larger reasons for third person accounts. A person other than the applicant often sees more of how the applicant's activities have changed since the onset of the condition than the actual applicant. Perhaps relationships have changed with an applicant due to the condition. Furthermore, many proud applicants, who would do anything they could to work and be productive in society, tend to minimize their condition and state that they can do more activity than is actually possible. While I respect and admire such clients' drive and desire, I occasionally have to use family witnesses to refute such testimony.
The key to Social Security disability cases is to invite the ALJ to step in to an applicant's shoes to attempt to identify with what life is like for the applicant. The Social Security disability process requires stamina and perseverance and tends to satisfy those who are truly disabled under SSA's rules. If you or someone you know has applied or is considering applying for Social Security disability benefits, please consider contacting a Social Security disability attorney sooner rather than later to assist in the matter.