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More About “Trick Questions” from the Social Security Disability Judge

April 15, 2018 Jon 19 Comments

Are you going to face “trick questions” from the Social Security disability judge? What are examples of trick questions, and how can you prepare and protect yourself?

Back in May, 2014 I released a video about trick questions from judges (https://youtu.be/doiVLmfmos8) and I continue to receive a great deal of feedback and comments on that video. In the 2014 video I talked about one type of trick questions but there are many examples you should know about – thus this new video.

My experience has been that disability judges are not trying to treat you unfairly with their questions, but instead, use their experience and knowledge to ask probing and incisive questions. More specifically they want to assess your credibility by asking questions to which they already know the answer so they can see how you respond.

If you exaggerate or worse, lie, the judge will likely conclude that he/she cannot believe anything you say. Under no circumstances should you try to mislead or outsmart an experienced and savvy judge.

My experience has been that disability claimants rarely lie, but they are often nervous and they try to give the judge an answer that they think the judge will like. This approach usually backfires.

I advise my clients not to try to create the perfect answer for the judge, but, instead, to tell the truth as thoroughly and completely as they can.

If the truth contains information that is not entirely supportive of your claim, so be it – we can practice how to present that information in a pre-hearing meeting.

In this video I peel back the layers and provide several examples of simple questions that judges use to catch you in an exaggeration or lie. If you understand what is going on with these questions, you will feel more comfortable not overthinking your testimony and simply fall back on reporting your symptoms and issues clearly and concisely.

If you are getting overwhelmed with the process of applying for benefits or with appealing a denial, I’d be happy to try to help.

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Comments

  1. Christine Jones
    April 15, 2018 - 6:24 am

    I am assigned with a judge that is basically 50 the 50 is that a good sign or not he approves a lil most cases then he denies

  2. Janet Brown
    April 15, 2018 - 6:33 am

    What can happen if you go to your hearing with 2 outstanding warrants?

  3. Eric R
    April 15, 2018 - 6:44 am

    This is really helpful

  4. Jennable Rose
    April 15, 2018 - 7:42 am

    To say there aren't any absolutes well that's a lie also

  5. dave
    April 15, 2018 - 8:17 am

    I have seizures epeltic and non epileptic, Open heart surgury at 14, quit school in the 7th grade, chrons, history of blood clots, with factor 5 leiden blood. I had 2 strokes. I am over 50 I had a job making very good money I wanted to retire from, lost It because I tried to go back and I had a seizure at work. 2 drs, would not release me, both said I cant work I had notes I was denied.

  6. J**ky
    April 15, 2018 - 8:29 am

    Apparently as a citizen, the best bet to get anything from the government is to denounce your citizenship, go to Mexico, hop the fence back in as an illegal, and proceed to get a whole bunch of money and benefits…they work so hard trying to screw you, maybe start screwing back?

  7. Angela White
    April 15, 2018 - 8:56 am

    I am a 45 yr old female with the following diagnosis severe hypertension mental health mood swings anxiety suicidal attempt at age 15, have been s*xually abused ,  severe pain in neck shoulders and back which elevates down arms into hands as well as down legs into feet with tingling and numbness and stiffness in both areas as well as occasional swelling, shortness of breathe as well as not being able to sleep. I have been on several different medications for the severe hypertension mental health and pain and nothing seems to work and increase in dosage of med to help me sleep. My work history mainly is as a CNA/Home health Aide as well as working in a call center. I have been off work for about a yr now with my regular job but yet I have a disabled child which I now get paid to take care of which I would have to do regardless. I feel so guilty with all the years experience and working in the field I am not able to give my son 100% or more as I did for others I enjoyed assisting. I pay the money I receive out of pocket as well as part of his ssi check to get someone to come in assist due to he requires 24 hr care and I just cant do it all it with my physical and mental condition as well as meds. I have to miss appointments and not get my meds a lot of times due to not having the money to go to the doctor. Im just so limited to physically and mentally. I cry for no reason I lost my dad a couple yrs ago lost our home 3 yrs ago and this has also taken a toll on me.  I don't like to go out as much or being around others and my children or suffering because I am suffering and its not fair to them. I have a 27yr old son who I feel want leave home because he is trying to be here for me and his two brothers age 7 and 19 who is disabled. sorry for venting but my question is being that I have been denied due to SGA which is the money received for taking care of my son is there anything I can due to appeal this decision. I read something somewhere online they take into consideration due to being accommodated or special circ*mstances. Can you please advise if you are aware of any of this and how it works.

  8. Tammy Lance
    April 15, 2018 - 9:25 am

    Can you practice law in Tennessee?

  9. dan poi
    April 15, 2018 - 9:45 am

    Ssi is like the lottery u want win I have applied so many times.

  10. MeltedPearls
    April 15, 2018 - 10:18 am

    I don't see how this is a problem. Just be exquisitely honest. Thanks for the perfect advice, sir!

  11. Ann C
    April 15, 2018 - 10:43 am

    I didn't have a problem receiving SSDI. I didn't even know about SSDI.

    It was my 3rd suicide attempt. The last one got me 10 days in the ICU, & 30 days total in the hospital. I permanently lost the nerves in my right hand. I had been in therapy off & on for about 20+ yrs.

    My app was denied the 1st time, but I guess most all are. I don't even remember going before a judge? I think my attorney just submitted all my medical & employment records. There was also a public case worker who was helping my mom get the paperwork through. I got approved after about 6 or 7 months. I guess the caseworker put me on the fast track, taking pitty on my mom who was an absolute emotional mess.

    I'm glad I have financial assistance, but (to me) there's such shame in being on public assistance. It's my dirty secret I don't tell, & eventually I ended up just totally withdrawing from people & life.

    So, I'm physically alive, but I do not have any outside contact with others. Meds aren't the cure all. I'm here b/c I made a promise to my mom after seeing the pain I caused her, that I wouldn't do it again. I ended the promise w/ "while you're alive".

    I don't think there are many days that go by when the thought doesn't cross my mind. Ever since I can remember as a small child, I've never wanted to be here. This place is cruel & a constant unrelenting struggle.

    No idea why I put out this diatribe.

  12. craneoperator4
    April 15, 2018 - 11:41 am

    I had the SS go around my lawyer and contact me to get me to go to their state Drs even after my lawyer told them I would not be going to them…it p**sed them off and I was denied immediately

  13. Alexandra Montclare
    April 15, 2018 - 12:27 pm

    I Have carbon monoxide poisoning from a faulty furnace 2003,,, that was left dismantled which allowed 100 gallons of fuel to flood the bedroom hall and kitchen . It killed my 3dogs and cat and I have to date over 1 million in medical bills ..took 14 years after telling every doctor this and only now being doc*mented .. can you tell me any other cases like this and how they were approached and if able to prove in court? I need to get advice on personal injury .. I think your videos are wonderful… thank you

  14. Rich Simmons
    April 15, 2018 - 12:48 pm

    RULE NO. ! GET A LAWYER !
    RULE NO> 2 DO NOT TELL THE TRUTH
    They will twist what you say and then use it against you
    The Judge will not give you any points for honesty
    You have nothing to gain and everything to lose by telling the truth
    DO NOT tell the truth, Don't do it…

  15. jonsmom1
    April 15, 2018 - 1:00 pm

    Sir, I truly appreciate your candid and thoughtful advice and recommendations. I, myself, am in the torrent throes of the S.S.I hearing process. I saw another video saying that if one is 35 or under, and attempting to acquire S.S.I on a sole basis of Paranoia/anxiety/depression/bi polar, that one is basically looking at a 95% or higher denial rate. Could you shed a little insight into the process of acquiring S.S.I, based solely on mental issues, for a person who's 35?? Thank you, sir.

  16. SmokeCity TV
    April 15, 2018 - 1:48 pm

    I have eczema, can you represent me?

  17. Miss. Phyllis Renee Foster
    April 15, 2018 - 2:10 pm

    Thank you so muchMr. Gensburg, I apresiate your video's thank you, Mr Gensburg Mr Gensburg can you for your future videos, please do some thing on, if a person is on SSDI, FOR YEARS THIN, WHEN THEY TURN FULL RETIREMENT AGE, ONCE THEY TURN THE FULL RETIREMENT AGE, WILL THEY THIN, BE ABLE TO GET MORE MONEY ONCE THEY TURN FULL RETIREMENT AGE, FROM SSDI, TO FULL SSA WHEN I GET 67 YRS OLD, WILL I THIN RECIEVE MORE MONEY OR MY INCOME STAYS THE SAME, AND I JUST GO FROM SSDI TOO SSA, CAN YOU PLEASE DO A VIDEO PLEASE LETTING PEOPLES LIKE ME THATS ALREADY ON SSDI NO WHATS GOING TO HAPPEN TO US ONCE WE TURN 67 YRS OLD ONCE I AND WE TURN 67 AT FULL RETIREMENT WILL MY BENIFITS BE MORE, ON SSA, OR MY MONEY STAY THE SAME, AND I JUST GO FROM SSDI TO SSA IN NAME ONLY WILL YOU PLEASE Mr. GENSBURG PLEASE EXPLAIN A TOPIC LIKE THIS, SO PEOPLES LIKE ME, WILL NO WHAT I'M IN TITLE TOO, ONCE I REACH 67 YRS OLD. FOR PEOPLES LIKE ME THATS JUST ON SSDI, RIGHT NOW. PLEASE, AGAIN I THANK YOU SO MUCH, FOR YOUR VIDEOS, AN TEACHING US WHAT TO DO.
    THANK YOU, SO MUCH AND HAVE A NICE DAY.

  18. Fire&Ice909
    April 15, 2018 - 2:47 pm

    I was initially denied disability because I'm a college graduate.

  19. Yisrael Yahu
    April 15, 2018 - 2:59 pm

    I can't believe anybody would even think to give this man a thumbs down! He's giving his professional advise and information. It's up to people if they want to take advantage of this good information. I'm sure he could be doing something else, beside trying to help the public with his valuable information. Be thankful he's willing to do this.

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