Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

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“I always feel like, somebody’s watching me …”

It’s not just a song from the 80’s, folks. I’ve seen many an injured worker and motor-vehicle accident victim take the stand and testify to not being able to drive, lift groceries, do the laundry, etc., and then, fifteen (15) minutes later, see video footage of them doing all those activities and more.

Although the Social Security Administration won’t hire a private investigator to follow you around, they will pay attention to how you behave 

·         when you meet with their representatives at the local offices,

·         when you meet with their doctors while attending a consultative evaluation, and especially

·         while testifying at your hearing with the Administrative Law Judge (ALJ).

As we’ve discussed before, the ALJ will review all the medical evidence, listen to the claimant’s testimony at the hearing, then determine whether the claimant’s testimony as to the frequency and level of severity of the impairment are not only credible and reasonably supported by the objective medical evidence, but prevent the claimant from performing work-related activities.

Want an example of what NOT to do at a hearing?

Hypothetical claimant complains of having constant, severe pain in his neck and lower back, although there was no objective medical cause to be found in his medical records (translation: all his diagnostic testing came back normal.)

At the hearing, he testified to being able to “walk all day, every day, all night, every night, one to two miles.” It could be argued that some movement can help relieve pain, but “all day, every day,” and “one to two miles”? I didn’t buy it, and neither did the judge.

And, to put the last nail-in-the-coffin to destroy any chance of being found disabled, when the ALJ excused this claimant, he proceeded to lift a duffel bag --- the size of an elementary-school child --- up, off of the floor, and over the back of his chair. In fact, when the ALJ saw the claimant do this without any problems, the ALJ asked the claimant “That looks like a heavy bag,” to which the claimant responded “Oh, yes, sir.”

I think you get the picture. And I’ll leave you with this: I’ve heard rumor that there is an ALJ in Maryland who, upon completion of testimony and closing of the hearing, looks out the windows of the building, to observe how the claimant is able to walk/stand/lift/carry when they think no one is watching.

To learn more about social security disability law issues, please see our website at G&B Website-social-security.  To learn more abour our social security disability lawyer in Maryland, please see our website at Website-about-us.