An Albuquerque Social Security disability lawyer will explain the various ways a judge will ask a claimant about his or her ability to stand, lift, walk and sit.
How a Judge Will Ask about the Ability to Perform Common Functions
A claimant must remember that there might be a fundamental issue with how to answer the judge’s questions regarding the ability to perform customary functions during the day. A judge will ask: “How long can you stand?” That should not be taken as: “How long are you able to stand before your pain is such that you must go home and rest?” The judge needs to understand the full context of your issues in order to know how your problems affect you on a daily basis.
Often, it is preferable to reply to the question in multiple ways. You can explain to the judge what kind of work would be too much and require an extended rest. This must be fully detailed. If you were cleaning your home for 45 minutes, you could say that you needed to rest for a half hour after that.
If the judge asks how you’re able to sit and you reply by saying a half-hour, but you’ve been sitting comfortably while testifying for 45 minutes, this will be an obvious discrepancy that the judge will note and possibly believe that you’re lying to receive benefits. Qualifying the fact that you’re able to sit for a certain period is important. Saying that it’s possible to sit for a certain amount of time and deal with the discomfort when necessary is effective as long as the judge knows you’ll need to rest for a commensurate amount of time after the fact.
Contact an Experienced Albuquerque Social Security Disability Lawyer
If you have questions about how to answer a judge’s questions, call Michelle Baca Attorney at Law at 505-872-1142 today.
