Saturday, March 7, 2020

WHAT YOU DO IN YOUR SPARE TIME CAN AFFECT SSDI

What you do in your spare time will impact whether you can get Social Security disability payments.  The main issue, of course, is whether you can work.  But hobbies, leisure activities, and even vacations can have a bearing.

At your hearing, the administrative law judge is likely to ask you about your activities around your home:  do you perform yard work or housework?  Do you drive?  Do you help the kids with homework?  How often do you use Facebook or play video games?  Have you taken an out-of-town vacation in the last year or two?

What do these questions have to do with whether you are disabled?  A lot, actually.  A disabled person will typically not engage in the same type of activities that he or she was able to do before the disability began.

The judge wants to know how active you are.  What are you able to do?  In what ways has your impairment restricted your activities?  How is your life more restricted now than it was before?  

If you claim that your impairment limits your memory or ability to concentrate, the judge may find it inconsistent that you play video games for 2 hours a day. or spend a lot of time on social media. If you testify that you are restricted in your ability to stand or walk for prolonged periods, it may seem incredible that you take long walks every day, go grocery shopping regularly or play tennis.  

When the judge asks you about your hobbies, he/she is asking you about hobbies that you still engage in.  If tennis was your passion prior to disability, but you can't play now--don't tell the judge that tennis is one of your hobbies.  It was a hobby (past tense); it is not now.  You should be very clear about this.  If you loved nature hikes prior to your disability but can't do them anymore, don't say that hiking is a hobby.  

The judge looks for consistency:  what you do in your leisure time must match up with the restrictions that you claim you have.  

I think a lot of claimants misunderstand questions or they refer to activities they once were able to do, but not any more.  Think carefully about questions so that you give an honest, fair and accurate picture of your regular activities.

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