When seeking benefits under Social Security Disability Insurance, or SSDI, one of the most critical steps in seeking approval will be your disability interview. During this interview, you will be asked several questions to determine your eligibility for benefits. You may find yourself wondering, “What shouldn’t you say during a Social Security disability interview?” At Gade & Parekh, LLP, a Stockton Social Security disability lawyer is here to help you prepare.
What Not to Say During a Disability Interview
When you begin the application process for Social Security disability benefits, the process can be extremely complex and overwhelming. You may be surprised to find out just how easy it is to slip up and say the wrong thing during your interview. This can hurt your eligibility and harm your chances of receiving the benefits you sorely need. When you work with an attorney, they can guide you on the things you should not say during this interview, including:
- “I’m not that hurt.” One of the worst mistakes you can make is to try and downplay the severity of your injury or disability. You may be simply trying not to sound desperate or whiny or like you are complaining, so minimizing the pain you are in or the symptoms you are feeling is a common mistake to make. However, in saying this, the SSA agent you are speaking with might take this as a sign you are actually able to return to work.
- “I can still work.” Under no circumstances do you want to tell the SSA agent conducting your interview that you can still perform some type of work. While this might seem like an innocent enough thing to say, it can actually harm your claim. Instead, be honest about the limitations your condition is causing and focus the interview on how your symptoms impact your ability to work in a consistent manner for a certain period of time.
- “I am not seeking treatment.” No matter what your condition and the state it is in, to increase your chances of receiving Social Security benefits, you will want to continue receiving medical treatment. If you decide to stop or ignore medical advice or treatment, you are actually directly harming your claim. While there are valid reasons for not seeking treatment, simply stating the facts without an explanation can hurt your case.
- “I am feeling better.” In an important interview, it is only natural to try and present your case and yourself in a good light. However, if you tell the SSA agent that you are actually feeling better, this can cause them to believe your condition doesn’t actually disable you enough to qualify for benefits. Instead, you should describe your usual symptoms and how they limit you on a normal day.
- “I am contacting an attorney.” Involving an attorney in your SSDI claim is very important; however, threatening the SSA agent with a lawyer can actually turn your claim against you. Even if the agent seems aggressive or like they are actively working against you, do not use your lawyer as leverage during the meeting. Instead, make your attorney aware of all the facts of your interview and let them handle the situation.
- “I have a history of criminal behavior or drug use.” Even in cases where this statement is true, it is not wise to volunteer such information. In the case that this statement does apply to you, it can be important to make your attorney aware of your history so they can guide you on how to answer any related questions without having to lie, as lying during your interview can harm your prospects to receive disability benefits.
Questions to Prepare for in a Disability Interview
When you face the prospect of heading into a disability interview in California, it can be wise to be aware of the questions the SSA agent may potentially ask you. These questions tend to relate to your work history, your medical history, and your finances and can include:
- When were you last employed?
- Do you see a doctor, and if so, who?
- When did you first realize that your condition affected your ability to work?
- What are your current sources of income?
- Do you have any medication or treatment history?
FAQs
Q: How Should You Act in a Disability Interview?
A: Under no circumstances should you act rude during your disability interview. While these interviews can get frustrating, becoming rude or angry toward the agent conducting the interview can only make matters worse and will not help your case. Instead, stay calm and professional; answer the questions as honestly as you can.
Q: What Is a Disability Interview?
A: In California, a disability interview usually occurs via telephone where a claim representative or agent of the Social Security Administration will ask you about your application for disability benefits. However, if you applied in person at an SSA office, your interview may happen face-to-face. It is important to note that this interview is different from a disability hearing.
Q: How Much Does a Disability Lawyer Cost?
A: It can be challenging to provide you with an exact cost as to how much a disability lawyer might charge for their services due to the fact that every lawyer and case is different. However, there are some factors that can impact the final cost analysis of all cases, including the complexity and duration of your SSDI case and the skill level of your attorney.
Q: Can I Lie About My Symptoms in a Disability Hearing?
A: No, under no conditions should you lie about your symptoms during a disability hearing. It is important that you remain as honest and open as possible. Describe the effect of your symptoms on your worst or average days, not the days when you are feeling like your old self. To help support these statements, make sure you take notes of your symptoms before the interview.
Winning Approval for SSDI with Gade & Parekh, LLP
Preparing for a disability interview takes time, legal knowledge, and effort. At Gade & Parekh, LLP, we have been helping clients receive the SSDI benefits they deserve for over 29 years. If you would like the legal advice necessary for a successful disability interview, contact our offices today and schedule your initial consultation.
