How You Answer A Social Security Judge’s Question about Taking Your Kids to School Can Destroy Your Social Security Disability Claim
Congratulations! Your big day is finally here! The Social Security judge is going to ask you a lot of questions and, hopefully, your attorney has gone over with you all the questions you will be asked and even done a video that goes over how to truthfully answer those questions.
If not, let me make some suggestions about how to answer a Social Security judge’s questions about what you do every day. Judges like to ask questions about house cleaning, cooking, taking the kids to school, and doing yard work. Your answers can make or break your Social Security disability claim.
Why? The judge is comparing what you say you can do with what your medical records say, or what the Residual Functional Capacity forms your doctor filled out say. They’re trying to determine your credibility and whether you are exaggerating what you can and can’t do.
They are also trying to determine if the activity you do is the equivalent of work activity. That is particularly true if you take the kids to and from school. Let’s say you have back problems, and your records indicate that you can sit for an hour but must alternate positions, that your pain impacts your ability to function, and the medication side effects impact your ability to drive.
And, then the judge asks you if you take the kids to and from school every day. That means that you keep a schedule, you drive to the school, wait in line, and maybe even run errands on the way to or after you have picked up the kids. You do that every school day, rain or shine, in pain or not in pain.
The judge is going to think you just want to stay home or, alternatively, you could work as a driver or a small parts delivery person. They will make the leap from your taking the kids to school, to being able to work. That means you lose!
How You Should Answer the Judge’s Questions About Taking the Kids to School
You should be specific about whether you must set an alarm to get up, whether you do or don’t take a pain pill until you come home, whether you have friends, family or others involved, whether you use a carpool, whether an older sibling takes the other children to school, what problems you have driving to and from, whether you have been late or missed because of pain, and whether there are times the kids had to catch a ride or even walk home.
Explain clearly and exactly what you do, don’t do, and the price you pay for taking the kids to and from school. Don’t give the judge a reason to question your credibility and deny your claim.
You have waited months to get in front of the judge. You must know what questions a Social Security judge is going to ask and how to answer those questions in a way that tells the story of your symptoms and functionality honestly and completely.
That is why you need a Social Security attorney who takes preparation seriously and has created tools that will help you prepare for your big day. Practice makes perfect! Don’t let the wrong answer blow up your claim!
Why Cavey Law?
Nancy Cavey understands that the Social Security Disability system often doesn’t make it easy for claimants to get the benefits they need. Please call our office at 727-894-3188 for a free consultation and a chance to get the disability benefits you deserve.