Common Questions Asked by a Social Security Judge

Welcome to Season 1, Episode 38 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Common Questions Asked by a Social Security Judge."

Most people think answering a judge’s questions at a Social Security Disability hearing is simple - just explain your medical problems and wait for a decision. But that moment in front of the judge is one of the most important (and misunderstood) parts of your entire claim. How you answer can carry just as much weight as your medical records - and the wrong response can seriously hurt your case. In this episode of Winning Isn’t Easy, disability law expert Nancy L. Cavey breaks down how to handle the judge’s questions with confidence, honesty, and strategy. She explains what the Administrative Law Judge (ALJ) is really listening for, how your answers fit into Social Security’s strict definition of disability, and why consistency between your testimony and your medical evidence is absolutely critical. Nancy walks you through the questions most claimants struggle with - from “What keeps you from working?” to “How severe is your pain?” - and shows you how to give clear, credible answers that reflect your real limitations without exaggeration or understatement. You’ll also learn how judges use your daily activities, work history, and treatment records to assess your credibility, and why thoughtful preparation with your attorney can make all the difference. By the end of this episode, you’ll know how to stay calm under pressure, avoid common mistakes, and present your story in a way that’s truthful, consistent, and persuasive. When it comes to your Social Security Disability hearing, it’s not just what you say - it’s how you say it. Winning Isn’t Easy, but with the right preparation and guidance, you can make your testimony your strongest asset.

In this episode, we'll cover the following topics:

One - How Should I Answer a Social Security Judge’s Question About “What Keeps You From Working?”

Two - How Should I Answer a Social Security Judge’s Question About “How Bad Is Your Pain?”

Three - Common Questions Social Security Judges Often Ask

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:00]:
 Foreign welcome back to Winning Isn't Easy. Social Security Disability Benefits this is the podcast where we break down everything you need to know about navigating the Social Security disability system. I'm your host, Nancy Cavey. Before we get started, I've got to give you a legal disclaimer. This is this podcast is not legal advice. The Florida Bar association says I have to tell you that. And now that I've said it, nothing will ever prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played, and what you need to know to get the disability benefits you deserve. So off we go with today's episode.
 
 Nancy Cavey [00:00:50]:
 Now today I'm going to be diving into the critical part of your Social Security disability claim. You have waited forever to get a hearing in front of the administrative law judge judge and now you're going to be answering questions. Chances are you are already worried about what the judge might ask and how you should respond. Should you just talk about your diagnoses? Should you talk about your pain without sounding like you're exaggerating? What about all those day to day questions judges are known to ask? Now these are the kinds of concerns that I hear from clients all the time. And the truth is that your answers to these questions can make or break your case. The Social Security hearing isn't about dramatic testimony or legal theatrics as you've seen on tv. It's an informal proceeding. But it's a vital conversation where the administrative law judge known as the ALJ tries to understand what your life is like with your medical conditions, what your symptoms are, and how those symptoms interfere with your ability to do your past work or other work in the mythical hypothetical, not real world national economy.
 
 Nancy Cavey [00:01:53]:
 But here's the tricky part. It's not just enough to tell your story, you have to tell it the right way, of course, truthfully but consistently and with examples that line up with your medical records. This is where many people stumble. Either give the wrong kind of information, don't answer the judge's questions, exaggerate without realizing it, or just don't give the details that the judge really needs to hear. So in this episode, I'm going to break down how to answer questions like what keeps you from working? How bad is your pain? And we're going to walk you through some of the other common questions that judges are most likely to ask you and how to stay credible and honest throughout this process. By the end, I hope that you have the tools to answer questions confidently, avoid common mistakes and present your case in the strongest possible way. So let's get started. I'm going to talk about three things today.
 
 Nancy Cavey [00:02:48]:
 Number one, how should I answer a Social Security judge's questions about what keeps you from working? Number two, how should I answer that judge's question, how bad is your pain? And number three, we're going to go through some of the common questions that Social Security judges will often ask. But before we get started, let's take a break. I want you to come back with a piece of paper and a pencil that old fashioned way so that you can take notes. These notes will help you as you prepare for your testimony. Got it. Let's take a break.
 
 Speaker B [00:03:20]:
 Are you considering filing for Social Security Disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:55]:
 Welcome back to Winning Isn't Easy. How should I answer a Social Security judge's question about what keeps you from working? Well, the answer is truthfully. Oh, come on. Really? Yes, I know. That's easier said than done. Many Social Security disability applicants will answer the question by telling the judge their diagnoses. Well, guess what? The judge will already review the medical records and they'll understand the diagnoses. They hear these cases day in and day out.
 
 Nancy Cavey [00:04:23]:
 So they're very familiar with many medical conditions. But that's not what they're asking. What the judge really wants to know is what symptoms you have and the severity of your symptoms that keep you from working. Now the Social Security Administration uses a five step sequential evaluation process to determine your entitlement to benefits. And most cases are won and lost at steps four and five. At step four, you've got to prove that you can't go back to the lightest job you did in the five years before your case is in front of the judge. Now once you've proven that you can't do your past work, then the judge is going to be talking about step five. And that's true regardless, quite frankly, of whether you have met step four or not.
 
 Nancy Cavey [00:05:07]:
 They're going to go on to step five. But in any event, you have to prove at step five that you can't perform any other work in the national economy in view of your age, education, skills restrictions and limitations. And it's mythical hypothetical, not real world. They don't care if you could potentially perform a job like ticket taker or a sorter or a dresser. They don't care that you may not be interested in doing those jobs or that they don't pay a living wage. That's not the test. So what is the test? Well, the test is your symptoms and functionality. The judge has to determine what you're capable of doing despite your medical problems.
 
 Nancy Cavey [00:05:46]:
 And that's why, in my view, it's really important that you're giving a really good interval history of your symptoms and your functionality at each and every visit. You want to tell them, here are my symptoms. I have pain in my back that radiates down to my big toes on my left and right foot. I have to get up and move around every 15 minutes. I'm changing from chair to the bed to the recliner to the floor. I can't even stand in front of the kitchen sink for more than 10 minutes. You can see that's how you want to be telling your story. What are your symptoms? How long your symptoms last, Intensity, frequency, duration, and how those symptoms impact your ability to do things around the home.
 
 Nancy Cavey [00:06:36]:
 Sitting, standing, walking, stooping, bending, lifting, alternating between sitting and standing. And so you want to tell your story in terms of your symptoms and functionality and it should come naturally because you live it. Now. The more detail you provide to the judge about the problems you have with daily activities, I think it's easier for them to understand your symptoms and your limitations. So just don't give the judge the diagnosis. Tell your story in a way that is consistent with what your doctor has noted in your medical records because you've told them what your symptoms and functionality are. I will tell you that honesty and consistency are key in getting your benefits. Why? If a judge wants to deny a claim, the best way they can deny the claim is to say that your symptoms aren't consistent or that your symptoms aren't consistent with the intensity or or frequency with which you're complaining of those and that your symptoms and complaints aren't consistent with the level of treatment that you're getting or the exam findings of your physician who's recommending the treatment.
 
 Nancy Cavey [00:07:40]:
 Consistency is the key. And remember, if the judge does not find you to be consistent, they're not going to find you to be credible and they will deny your claim. Got it. Let's take a break. Welcome back to Winning Isn't Easy. How should I answer a Social Security judge's question about how bad is your pain? Well, again, truthfully, I know that this can also be easier said than done. Many Social Security applicants are going to again, answer the question based on diagnosis. And that's not the issue here.
 
 Nancy Cavey [00:08:26]:
 What the judge wants to know is, what are those symptoms that you have that would prevent you from working? And one of those symptoms, quite frankly, is pain. Now, pain, in my view, comes in different forms. So what do you mean? Well, let's back up a second. Ultimately, your symptoms, pain and functionality, is key. The judge has to determine what you're capable of doing despite your medical problems, including that pain. Again, that's why when you walk into the doctor's office and they say, how are you doing? And you say, fine, that's not going to work. My husband recently had some surgery, and of course, he was not necessarily telling the doctor about all of the symptoms until his wife decided to show up at the appointments and say, well, you know, doctor, that's not quite right. And I would fill in the blanks.
 
 Nancy Cavey [00:09:20]:
 Don't be a superman, if you will, about your pain or your symptoms. Now, I know you don't want to exaggerate them, but you have to be truthful about what those symptoms are, the pain level. Now, some people will try to rate their pain on a scale of 1 to 10. I'm not a big fan of that. Every person's pain level is different. There's just no, you know, scale that is really applicable to everybody because we experience pain differently and pain can't be measured. But if you tell the judge that your pain level is 10 out of 10 every day, the judge is going to wonder why on earth you aren't in the emergency room or hospitalized. And that kind of testimony appears to be exaggerated.
 
 Nancy Cavey [00:10:08]:
 So we don't want to state the level, overstate the level of your pain. It's that exaggeration that's going to get you in trouble. So you want to be able to, I think, be truthful not only with your doctor about your symptoms, your functionality and your pain, but explain it in a way that talks about your ability to do basic activities such as sitting, standing, stooping, bending, and lifting. So let me give you an example. Let's say you've got back pain and you have pain that radiates down your buttock into your legs. So you've got tingling or numbness. Now, you want to be describing to the judge your pain in terms of the location. So in this instance, the pain is in the back, it radiates down to the leg, and there's probably tingling and numbness.
 
 Nancy Cavey [00:10:53]:
 Then we want to talk about the duration you may have that pain, 24, 7. You then want to talk about the intensity of that Pain. Now, again, as I said, I'm not a big fan of that scale of 1 to 10, but I like to have my clients explain it this way. It might be that because of the back pain, you're only able to stand for 10 minutes, and then you have to alternate sitting and you're in a hard chair, like a school chair, if you will, but you can only sit there for another 10 minutes, and then you're shifting to maybe a sofa, and that really bothers you, and you can only sit for five minutes, and then you're in that recliner with your feet elevated, and you can do that maybe 15 minutes, but then you might be on the floor. So you're telling the judge about the pain, but you also want to talk about how that pain may change. And as you're moving from different type of chair to the recliner to the floor. So in other words, it might be that you say that I can sit on this hard chair for 10 minutes and my pain becomes so intense that I have to get up and move around and change positions. When I change to this soft sofa, the pain will reduce.
 
 Nancy Cavey [00:12:21]:
 And I'm going to use this scale of one to ten. So it might have been a seven and a half. Now I'm down to a five. But after five or ten minutes, my pain starts to increase and I'm fidgeting side to side, and then I have to get up and I go to the recliner, and when I get to the recliner, it might be at this level and I elevate my legs, maybe even take a pain pill, and then my pain is a range of this to that. Again, there's nothing wrong with talking about pain in terms of range based on intensity, duration, frequency, and the activity that you are doing. So I want you to think about pain in terms of intensity, duration, frequency, activity. As you're trying to describe to the judge what the pain is, you might have a situation where your pain is increased or exacerbated because you've done things when you're feeling better. I don't like to use the word good days or bad days.
 
 Nancy Cavey [00:13:23]:
 I like better days, actually. I don't have a problem with bad days. Bad days, you can tell the judge what your pain is like. It might be so bad that you can't get out of bed except for to use the restroom or to eat something. You might have a better day where you're able to get out of bed. Your leg pain is less. You might actually be able to get in a car and go to a local grocery store. You might be able to ride in the cart or hang onto the cart as you are walking through the grocery store, but when you get home or even the next day, you're paying the price for that activity.
 
 Nancy Cavey [00:13:59]:
 And so we want to talk about pain in terms of ranges, using maybe that scale of 1 to 10, you want to talk about the pain in terms of intensity, duration, frequency and activity and then explain the price that you might pay for having a quote, unquote, better day. Nobody has the same level of pain in the same location every day, day in and day out. So it's really sharing your story in terms of symptoms and functionality through the prism of what you're doing on a daily basis. And please, again, don't exaggerate. One of the things, again, you have to understand is that you may have pain in more than one location. So it might be that you're having problems with your back, but you also may have problems with your neck or your shoulder. So you want to talk about your neck in terms of location, intensity, frequency and duration and how it impacts your ability to function. You might not be able to move your head side to side or up and down.
 
 Nancy Cavey [00:15:04]:
 It might be because of your shoulder problems that if you put your arms out in front of you, above your head or to the side, that you have weakness and tingling and numbness. It might be that you are also having other types of situations, like maybe fibromyalgia, where you've got flare ups. We also want to talk about flare ups in the context of pain. You may not have any reason that you know of for the flare up, but your pain, your fatigue has increased and you want to talk about again, that. We also want to talk about what it is you try to do to address the pain. It might be that you are taking naps using heating pad or cold packs. It might be that you use crutches or canes or other assistive devices. You want to talk again about the frequency with which you're doing that, how long you're doing it, how often you're doing it, what impact it might have.
 
 Nancy Cavey [00:16:05]:
 We also don't want to forget about side effects from pain medication. You may not be able to know that this particular side effect is related to this particular pain medication or other medication, but it's the side effect that's important. It might make you fatigued, sleepy, drowsy, may cause nauseousness or vomiting. And we want to talk about how those symptoms impact your ability to function. You've got the pain, but you've also got side effects, so don't forget about that. Just don't give the judge the diagnosis. Tell your story about your pain as I've described it in a way that's consistent with what your doctors has documented. So honesty and consistency again are going to be the key in getting your Social Security benefits.
 
 Nancy Cavey [00:16:55]:
 Let's take a break.
 
 Speaker B [00:16:57]:
 Struggling with your Social Security disability case. The right attorney can make all the difference. Get our booklet the Key to hiring a Great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:17:38]:
 Welcome back to Winning Isn't Easy Common questions that Social Security judges often ask At KV Law, we take the preparation of our clients seriously. When we have a hearing that's scheduled, we've actually done a video that's a mock Social Security disability hearing video so our clients can see what one looks like. And we in that mock video go through the questions that are commonly asked just on a generic basis. We want our clients to see what one of these hearings looks like because you can't go in and watch one. But we have a more detailed video that I call the direct exam video. It's an hour long and it goes generically through all the questions that are asked and how to answer those questions. The difference, of course, is one is looking at what happens in the course of the hearing and the other is let's get down to business and really talk about the questions that are going to be asked. Because we take preparation so seriously, we actually give our clients the direct exam questions and ask them to write down the answers.
 
 Nancy Cavey [00:18:41]:
 And and we give them a blank symptoms and functionality sheet for each one of their medical conditions. And we say write down on the left hand side or actually the top of the paper the medical condition fibromyalgia. On the left hand side, write down all of the symptoms that you have. But then I want you to take that first symptom, Draw a line across the piece of paper and tell us what problems you have with functionality. Then draw another line and tell us an example or give us an example of how that what that symptom is, how that symptom presents, how it impacts functionality. The idea ultimately is that we have a practice session with our clients that lasts about an hour where we go through that worksheet and I play the judge and they play themselves and we practice now you may not have a lawyer who takes preparation that seriously or you may not be represented at all. So let's talk about the questions you're going to get. The first set of questions are going to be basically demographic, your name, your age, your date of birth, how far you went to school, and then questions about your past work.
 
 Nancy Cavey [00:19:52]:
 But then the judge is going to ask more direct questions of you. And often they will talk about day to day activities. They may ask, well, what did you do from the time you got up till the time you got you went to bed? I hate that question. I think that is like way too broad, but you got to answer it. And so I would be talking about inability sleeping. When you finally get to sleep, the quality of your sleep when you do wake up in the morning, what time is it? Do you have problems with stiffness and it takes a while for you to warm up? Do you have trouble getting out of bed and walking to the bathroom? Do you. Do you have trouble getting in and out of the tub or shower? Do you need assistance after you get out of the shower? Do you feel wiped out? Do you have to take a nap? What are you doing from getting out of the shower till lunchtime? So you're probably having breakfast. You may be doing some chores.
 
 Nancy Cavey [00:20:51]:
 You may be trying to take the kids to school, but we wanna talk about the things that you're doing and the symptoms you have and the price that you pay for doing that activity. It might be that you have family members taking your children to school or picking them up. It might be that you're having family members cook meals for you so that at lunchtime you just have to pop something in the microwave. It might be that on a better day, you're running an errand or two, but then you're paying the price for it. The judge always wants to know, do you cook? Do you clean? Do you shop? Do you do the laundry? Again, I hate those words. Cooking is. Well, cooking could be, you know, making Thanksgiving dinner for 30 or microwaving clean. Could be cleaning the king's castle or wiping down the counter.
 
 Nancy Cavey [00:21:42]:
 Shopping could be getting online for your groceries, or it might be running into the grocery store to pick up a gallon of milk or anything in between. Laundry. You know you're not doing laundry for the Bucs football team, right? It might be that you have a family member who takes the laundry into the laundry room and they might let you put the laundry into the machine, get it going, but you may forget that it's there, right? How about the dryer can you bend over? Can you pick stuff up that's in the dryer? Do you even remember the things were in the dryer? Do you have to break up that task? So those vague, broad questions need to be kind of in my view, parsed. And think about it not in the word cook, but actually think about what it is you are doing. Cleaning, not the king's castle. What is it you're doing? The one question you're always going to get is, do you drive? And if so, how often? Now, if you say that you can't sit more than 30 minutes, but you are going to Disney, which is an hour and 45 minutes from our office, and you don't stop, that's really not a good thing when you're driving, when you're driving an hour and 45 minutes and you're going to Disney. So if you're driving, you've got to be consistent with what you said about your ability, for example, to sit or to grip. It might be that you know every McDonald's from your house to the doctor's office so that you can stop and take a break.
 
 Nancy Cavey [00:23:28]:
 Be it to get out and walk around the car, to use the restroom. Whatever it is, it might be that you have family members or friends drive you. Again, driving is one of those loaded questions, but you're going to get it. So think about how often you drive, where you drive, what problems you have driving. Do you have to use gps? Do you use delivery services so that you don't have to drive? Again, these are the kinds of questions that the judge is going to use to measure whether your symptoms and limitations are consistent with your claim of disability and, and the forms that you have filled out. Remember, if you need, if you can only do chores for a short period of time or drive for a short period of time, talk about your need to stop and start that project, your need for breaks, your need to do things to accommodate your ability to drive. So it might be that you are taking that stop on the way to the doctor's office. Whatever it is, just don't say, do you drive? Answer the question, do you drive? And say yes, you know, explain.
 
 Nancy Cavey [00:24:41]:
 Yes, your honor, I drive twice a week to my doctor's offices when I have appointments. It's a 20 minute drive. I have had to on occasion cancel my appointments and do video exams because of my pain. I have to make one or two stops when I arrive at the doctor's office, I'm in discomfort and when I am driving home, I still have to stop. When I Am at home, I take a nap where I elevate my legs. Whatever it is you are explaining to the judge what driving you're doing, the nature of your driving, the symptoms that you have, the impact those symptoms have on your ability to do that task, and the price that you pay. Again, don't exaggerate, but tell the truth. Now, they're going to ask questions, as I said earlier, about your work history.
 
 Nancy Cavey [00:25:46]:
 That's important because at step four, the judge is going to ask the vocational evaluator to classify your past work. The judge may want to know, or the vocational evaluator may want to know what task your job involved. Did you have to lift, stand, bend, use your hands repetitively? They may even ask why you stopped working. What the judge is trying to do is to determine whether you can return to your past work. So you want to be really clear about the demands of your previous work. And if you stop doing that job, what it was about your condition that makes those tasks impossible for you to do. The judge is certainly going to ask questions about medical treatment and consistency. They're going to ask, what medications are you taking? Do they help? Have you had surgeries? Now, they know the answer to that.
 
 Nancy Cavey [00:26:35]:
 They know if you've had surgery, physical therapy or other treatments generally. But what they're kind of fishing here for is what's the results? Did you have? And don't say good result, bad result. I had low back pain that radiated down to my toes 247 with tingling and numbness. And now I have tingling that only goes to my quadricep and it's 247 and I have to get up and move around, et cetera, et cetera, et cetera. The judge is going to ask, did you follow your doctor's advice? And they're going to ask that, particularly if there's indication in the medical records that you have been non compliant. Now, there can be good reasons for non compliance, but those have to be really good reasons for non compliance. It might be that you couldn't afford the medication. It might be that you were afraid to undergo the surgery.
 
 Nancy Cavey [00:27:31]:
 But again, good reasons why you didn't follow the doctor's advice. All these kinds of questions are designed to test your credibility about the severity of your symptoms and the impact of those symptoms on your functioning. If you're having side effects of medication, you want to talk about them, but the judge is going to say, hey, did you discuss those with your doctor? Because if you didn't, then you're still taking the medication. Then the judge is going to go well, so what? But if you have had multiple medication changes because of problems with side effects or the lack of effectiveness, then that's okay. You want to be able to discuss that with the judge? You can hear in my voice that the final thoughts that you should be taking away from this is not to impress the judge. It's not, you know, I'm so disabled that I can't breathe type thing. It's to give an honest, detailed and consistent account of your life on a daily basis. Your symptoms and functionality.
 
 Nancy Cavey [00:28:32]:
 Judges are trained to look for credibility issues, and by answering these questions truthfully, giving specific examples and and staying consistent with your medical records, that increases your chances of a favorable decision. And after all, isn't that what it's about? That's it for today's episode of Winning Isn't Easy. Today we've talked about how to answer the judge's toughest questions, like what keeps you from working, how bad your pain is, and the everyday questions the judges are going to ask you to measure your credibility. Questions may seem simple, but the answer you give can make or break your case. Remember, you don't have to face a judge alone. An experienced Social Security disability attorney can help you prepare for your testimony, make sure that your answers are consistent with the medical records, and guide you through the hearing process from start to finish. It's your story that matters, and having the right strategy in telling your story can be the key to winning your benefits. If you found this episode helpful, please take a moment to like our page, leave a review and share it with your friends and family.
 
 Nancy Cavey [00:29:35]:
 And don't forget to subscribe to this podcast now. Please join us next week for another insightful episode of Winning Isn't Easy. Thanks for listening.