How to Answer Questions at a Social Security Disability Hearing

The prospect of answering questions from an administrative law judge (ALJ) at a Social Security hearing can be intimidating. Probably the most frequent advice requested from disability attorneys involves what to expect and how to act at a hearing—specifically, what kinds of questions the ALJ is going to ask and how to answer those questions correctly.

In reality, there are no "correct" answers that will immediately convince the judge to award you benefits. Each disability claim is different, and if you have a hearing scheduled, it's best to get a free consultation with a disability attorney to improve your chances of winning. Even if you have a representative, you should prepare yourself for the hearing by learning what kinds of answers are helpful and which ones aren't.

Is the Disability Judge Going to Ask Me Trick Questions?

The key to answering questions at a disability hearing is to understand that the judge is not there to "trick" you into admitting that you can work. The ALJ's goal for the hearing is to better understand what's going on in your life and use what they learn from your answers to determine whether you're disabled according to Social Security's rules.

That said, there are some questions that judges ask that can seem like a trap to those unfamiliar with disability hearings. Usually, these questions are open-ended and asked in a way that can lead you (at best) into over-explanation of minor details, reducing the time you'll have to discuss important issues that can decide your claim. At worst, unprepared disability claimants (applicants) can contradict themselves, leaving the accuracy of their testimony in doubt and worsening their chances of success.

Your best guard against "trick" questions is to understand why the ALJ is asking them. Once you know what the judge is looking for, you can answer in a way that puts your claim in the best possible light. Below are some examples of common questions that often trip up claimants who aren't careful to respond.

"What Do You Do All Day?"

This question stumps many claimants because it's so broad. Few people are normally asked to give an accurate account of their entire day from morning to night, so they don't have a good answer ready on the tip of their tongue. Combine that with the added stress of a hearing with a disability judge and what sounds like a simple question can throw off your testimony in a way that can make it hard to recover.

Here's an example where it's especially important to know where the judge is coming from. Judges decide whether you're disabled by assessing how your functional limitations impact your ability to work. One of the ways they learn about your functional limitations is through your activities of daily living. "Tell me about a typical day for you," is one of the umbrella questions many ALJs like to ask in order to get the ball rolling on a more specific line of related inquiries.

Resist the urge to answer with "Nothing" or "Not much"—answers that don't provide ALJs with much insight into how your physical or mental condition affects your everyday life. While it may seem extreme, saying that you do "nothing" all day carries an implication that you spend your time not moving and staring at the wall. Because this accurately describes very few people, judges tend to either dismiss the response or assume you're exaggerating—two things you don't want to have happen at your hearing.

"Can You Bathe and Dress Yourself?"

This is another question that can throw claimants off, probably because it assumes a very significant degree of limitation that most people don't have. But being able to dress yourself and maintain proper hygiene doesn't mean that you aren't disabled. If you struggle at all with personal care—even if it's as simple as asking your spouse to tie your shoes because it hurts to bend over, or placing a stool in the shower so you can sit down—you want to let the ALJ know.

Judges ask this question because it can shed light on many physical and mental limitations that affect your residual functional capacity. For example, you might be physically able to take a shower without issue, but due to symptoms from depression, you're only motivated to shower once a week. Or you might be mentally willing to take frequent showers, but can't raise your arms above your head to wash your hair without shoulder pain.

Keep in mind that just because you can do something under duress or when it's the only option doesn't mean that you can do it on a regular and consistent basis. The best way to address questions about your abilities is to consider how long and how often you can perform a task, then let the ALJ know in specific quantities (when possible). Most people can honestly answer "Yes," when asked if they're able to feed themselves. But if you find yourself dropping utensils or find it hard to cut up your food, you should answer "Yes, but carpal tunnel syndrome makes it difficult." Then you can elaborate with helpful details, such as how long you can use your hands.

"Do You Have a Driver's License?"

This is probably the closest thing to an actual trick question an ALJ will ask—not out of malice, but because it contains a lot of assumptions that can be harmful if left unaddressed. It's another question that most people can answer "Yes" to, but by itself doesn't tell you much about whether you're disabled.

Asking whether you have a driver's license can be a sneaky way of asking whether you're able to drive—which some ALJs might use as evidence that you could be a delivery driver, for example. Of course, many people have a driver's license solely for identification purposes, but even if you can drive, that doesn't mean you can make it your full-time job.

Most ALJs who ask this question do follow up with additional questions such as "Can you drive?" or "When's the last time you drove?" But you should be prepared to answer this question in case you get a judge who doesn't ask for a follow-up. If you have a driver's license but don't drive often, explain why you avoid driving. Somebody with a neurocognitive disorder, for example, may state that they have a license that they use as an ID, but that they stopped driving due to frequent forgetfulness and getting lost.

How to Describe Pain to a Disability Judge

Because pain is subjective by nature, accurately describing your experiences with it can be challenging. Typically, judges will ask you to rate your pain on a scale of 1 to 10, with 1 being the mildest pain and 10 being the most severe pain. Here's a further breakdown of the pain scale that most doctors use:

Pain Level	Description of Pain
1	The pain is barely noticeable. Most of the time you don't even think about it.
2	The pain is minor, but annoying. You may occasionally feel a sharper pain.
3	The pain is noticeable, but you can get used to it.
4	The pain is moderate. You can ignore it for a while, but it's distracting.
5	The pain is moderately strong. After a few minutes, you can't ignore it.
6	The pain is moderately stronger. It interferes with some of your activities.
7	The pain is strong. It keeps you from doing normal activities.
8	The pain is very strong. You have difficulty doing anything at all.
9	The pain is extremely difficult to bear. You can't carry on a conversation.
10	The pain is excruciating. This is the worst pain you can feel.

Keep the above chart in mind when you're telling the judge about your pain. Use descriptive words like "burning," "tingling," "aching," "shooting," or "dull." Pinpointing the exact location and intensity of your pain creates a full picture in the ALJ's mind about how your pain affects you. The more precise you can be, the more certain the judge can be that your symptoms of pain are consistent with your medical condition.

Tips on Answering Questions at a Social Security Disability Hearing

No questions are trick questions when you're prepared. Because the bulk of your hearing will involve answering questions from the ALJ, you should know some general tips that can help you make the most of your time and testimony.

Answer the Question You're Asked

Judges tend to use a set of specific questions that they like to ask in a particular order. Many claimants, perhaps worried that they won't get a chance to follow up on a judge's question, start answering a question that the ALJ hasn't yet asked, which can get the judge off-track and at risk of missing important information.

Pay attention to the question the ALJ has asked you and try to answer only that question in a sentence or two. It can be helpful to take notes on a piece of paper or, if you didn't understand or hear the question, ask the ALJ to restate or explain the question for you.

Don't Ramble or Go Off Subject

For almost all claimants, a hearing is the first and only opportunity they have to speak with the person who will be deciding their disability claim. Because it can take several years to get a hearing in front of an ALJ, many people are understandably eager to tell their story.

Unfortunately, eagerness can sometimes get in the way of letting the judge learn useful facts that can be critical to a claim. Avoid going off-topic with irrelevant information—now is not the time to air any grievances about your doctors or to discuss aspects of your background unrelated to disability. Providing brief answers helps the hearing proceed more efficiently and decreases the likelihood that the judge will become irritated and interrupt you.

During the hearing, if you find yourself starting to drift away from the topic of the question, stop, take a deep breath, and refocus your answer. ALJs will normally allow you to pause and compose your thoughts if you need to.

Be Specific About Your Symptoms and Limitations

When asked to describe the frequency of your activities, steer clear of using overly vague terms like "not long," "not much," or "not a lot," as those phrases can mean different things to different people. Social Security ALJs love numbers, so if the judge asks you how long you can walk, make sure you answer with a quantity, like "15 minutes," "two blocks," or however long it is you can walk before you can't walk anymore. If you're not sure about a number, use a common object (such as lifting a gallon of milk) for reference.

Be Ready to Explain Gaps in Your Medical History

Many disability claimants have stretches of time during which they received little or no medical treatment. ALJs ask questions about these gaps in care. Be prepared to give an honest answer as to why you didn't seek treatment. If you didn't have health insurance during that time, tell the ALJ. Judges are aware that medical treatment can be prohibitively expensive, and don't expect you to get treatment that you can't afford.

If your symptoms briefly improved during the time you didn't see a doctor, say so. Explain the circumstances that helped your condition improve, and let the judge know if your symptoms later worsened again.

Be Prepared to Explain "Bad" Facts

Medical records sometimes contain what disability lawyers call "bad" facts. Bad facts can hurt your case if they aren't handled properly. Examples of bad facts include references to drug-seeking behavior, malingering ("faking it"), or being the subject of a CDI (anti-fraud) investigation.

If your record has bad facts, don't just hope that nobody notices—the judge definitely will, and will ask you questions about it. Don't deny the problem or try to blame it on a medical provider. The best way to handle bad facts is to address them head-on. With more context, bad facts don't have to hurt your claim.

For example, people who suffer from chronic pain are often prescribed opioids, which are highly addictive. If a claimant is going through pain medication quickly and returning to the doctor for refills too frequently, the medical records may state that the claimant is suspected of abusing pain medication. If the claimant explains that yes, they had a problem with the pain medication, but the doctor prescribed a different one to minimize the possibility of addiction, the ALJ reviewing the record would likely be satisfied.

Paint a Picture of Your Daily Life

ALJs almost always ask about very basic activities like going shopping, doing chores, and preparing meals. When the judge is asking you these questions, try to visualize yourself doing activities in your mind. ALJs are very interested in any difficulties you have navigating your physical environment, so it can be helpful for them to understand the layout of where you live.

For example, if you have mobility problems, you might have trouble doing laundry because the washing machine is down a hallway and several stairs from the bedroom. Or, you might be able to do laundry, but only because the washing machine is right next to the bedroom. These distinctions can make the difference between a favorable and unfavorable decision.

Don't Be Embarrassed About Your Limitations

When the ALJ asks you about your daily activities, you might feel embarrassed about your answer. People with incontinence issues, for example, can be reluctant to respond to a judge's question about maintaining hygiene. Personal topics such as sexual activity, drug use, and mental health also fall under the umbrella of "activities of daily living," so it's important to recognize that you might be asked questions about them at the hearing.

ALJs are trained to approach these topics in a sensitive and respectful manner. The judge won't berate or mock you for an honest response to a personal question. If you're feeling too embarrassed to answer a question the ALJ is asking, let them know. The judge will likely sympathize with you and, if possible, rephrase the question in a more delicate way.

You might be reassured to know that the hearing is not open to the public, so the only people who will be listening to your testimony are the ALJ, the hearing room monitor, your representative, and potentially one or two other professionals (like a vocational or medical expert).

Be Honest and Don't Exaggerate

Some claimants, possibly worried that the judge won't understand their struggles, feel the need to overstate their symptoms. But exaggeration usually has the opposite effect. You don't need to be totally bedridden to qualify for disability, and judges will be skeptical if you're reporting extreme symptoms that would realistically require lengthy hospitalization.

For example, if the ALJ asks you to rate your daily pain level, avoid the temptation to answer "10" in order to get your point across. In the judge's eyes, somebody experiencing such an intense level of pain would be in the emergency room, not at home. Rating daily pain at a five, six, or seven is more credible, and the ALJ will be more inclined to believe you when you describe actions that worsen your pain—because you didn't already max out the pain scale.

Try to strike a balance when answering the ALJ's questions about your symptoms and limitations. Most claimants can honestly answer "Yes" when asked if they go grocery shopping. But if you can go to the store only during odd hours because you have severe anxiety around other people, tell the judge "Yes, but with restrictions." Those answers are more realistic to judges than an outright "No, never" that leaves them wondering how you're able to eat.

Legal Representation at Your Hearing Can Help

Attending a disability hearing can be a stressful experience, even if everything goes smoothly. Many claimants find it helpful to have an experienced disability attorney or non-attorney representative with them at the hearing. Additionally, your lawyer will likely want to practice asking questions with you before the hearing, so that you can get comfortable with answering them.

Your advocate will review your medical record, conduct pre-hearing preparation, and answer any legal questions from the judge. A representative will also be able to ask questions of the vocational expert who will likely be present. For more information, see our article on why it's a good idea to have a disability attorney with you at your hearing.