Most disability claims that are not approved initially will end up being adjudicated in a disability hearing held by an administrative law judge, or ALJ. At the hearing level, ALJs have broad discretion to rule on the evidence in your case. If they decide that the opinion of a physician is not well supported by the evidence in your medical record, they can effectively ignore that doctor's opinion. Similarly, the ALJ will make a judgement about the credibility of the disability applicant.
At the hearing, it is not uncommon for judges to ask questions about the applicant's past. Judges have access to a variety of background information, including information about past jobs, medical records, and even criminal history. If the applicant served in the military, the judge may want to know if he or she was honorably discharged.
As an applicant giving testimony under oath, you have a responsibility to answer the judge's questions honestly. From a practical standpoint, it is in your best interests to do so anyway. Judges often know the answers to questions before they ask. A history of personal or legal problems that people might find embarrassing frequently appear in medical records or other records available to the ALJ. If there is anything embarrassing in your background, there's a high probability that the judge is aware of it. Answering the ALJ's questions honestly is your best option. If the judge suspects you are being dishonest about your past, he or she may decide you are also being dishonest about your medical conditions or ability to work. It is far better to admit to a past mistake than to attempt to mislead the judge because of embarrassment.
If you need help preparing for an upcoming hearing, give us a call today. We would be happy to talk with you about your case.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
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