“What should I say if the judge asks whether I can work?”
Many people assume there is a magic answer that will help them win their case. Others think they need to convince the judge how severe their medical conditions are. In reality, neither approach is likely to be effective.
When an administrative law judge (ALJ) asks whether you can work, the judge is not looking for a list of diagnoses or a description of how much pain you experience. Rather, they are trying to determine whether your medical conditions prevent you from performing work activities on a full-time, reliable, and sustained basis.
The most effective answer is usually an honest explanation of the specific work-related activities you can no longer perform because of your medical conditions.
Don’t Start With Your Diagnoses
One of the biggest mistakes claimants make is responding by listing their medical conditions. The judge has already reviewed your medical records before the hearing. The judge already knows your diagnoses. What they need to understand is how those conditions affect your ability to work.
So, instead of listing your conditions, focus on how those conditions affect your ability to work. For example, rather than saying, “I have degenerative disc disease, arthritis, and neuropathy,” explain what those conditions prevent you from doing:
- “I can no longer sit at a desk for long periods of time.”
- “I cannot lift the weight my job required.”
- “I cannot climb ladders or perform the physical tasks my previous work required.”
Explain the Most Important Work-Limiting Conditions
When discussing your medical conditions, focus on the one, two, or three conditions that limit your ability to work the most. Many claimants feel the need to discuss every diagnosis they have ever received, but listing too many conditions can make your testimony less effective.
Instead, identify the health problems that have the greatest impact on your ability to function and start with the most limiting condition.
The goal is not to provide a complete medical history, but to explain why your health prevents you from working on a sustained basis.
Focus on Functional Limitations, Not Emotional Descriptions
Another common mistake is describing symptoms in dramatic or emotional terms.
For example, statements such as the following generally do not provide the information the judge needs to decide the case:
- “My pain is excruciating.”
- “My pain is a 12 out of 10.”
- “It feels like a burning pitchfork.”
The judge is not trying to determine exactly how much pain you are experiencing. There is no objective way to measure someone else’s pain level. Instead, the judge is trying to determine how your symptoms affect your ability to function during a typical workday.
That means focusing on practical limitations such as:
- How long you can sit before needing to change positions
- How long you can stand
- How much weight you can lift or carry
- Whether you need to recline or lie down during the day
- Whether you need to stretch or change positions frequently
- Whether bending, reaching, or other movements increase your symptoms
These limitations are often far more important than describing the intensity of your symptoms.
Explain What Happens During a Typical Eight-Hour Day
Social Security disability cases are often decided based on whether a person can sustain work activities throughout a normal workday.
When answering the judge’s question, it can be helpful to explain how your symptoms affect you over an eight-hour period.
For example:
- “I can sit for about 20 to 30 minutes before I need to change positions.”
- “I need to lie down during the day to reduce my symptoms.”
- “On a good day, I may need to recline for about two hours between 9:00 a.m. and 5:00 p.m. On a bad day, I need much more time.”
The need to lie down is particularly important because lying down is generally not considered a work position.
If you have limitations such as these, explain them honestly and describe how often they occur.
Consistency Is What Makes Testimony Credible
The administrative law judge does not decide your case based only on what you say at the hearing. One of the biggest factors in determining whether testimony is persuasive is consistency.
Your medical records
The judge is more likely to believe your testimony if you have repeatedly reported the same limitations to your doctors.
If you tell the judge that you cannot sit for long periods of time, frequently need to lie down, or have difficulty standing, it is helpful when those same complaints appear throughout your medical records.
Your Function Report
Many claimants forget that they already described their limitations when they completed their Adult Function Report (Form SSA-3373).
Question 3 on the form asks how your conditions limit your ability to work. The strongest answers focus on functional limitations involving activities such as:
- Sitting
- Standing
- Lifting
- Concentrating
- Maintaining attention
The Function Report also asks about daily activities, hobbies, and social activities. If you previously reported that you can no longer perform certain activities because of your medical conditions, the judge may compare those answers to your hearing testimony.
Third-Party Function Reports
Another source of evidence that is often overlooked is the Third-Party Function Report (Form SSA-3380). A family member, friend, neighbor, or other person who knows you well may complete this form.
The most helpful statements do not simply say that you are sick or in pain. Instead, they explain specific changes they have observed. Examples include:
- You no longer participate in activities you once enjoyed because you cannot sit for extended periods without pain or discomfort.
- You stopped volunteering because you cannot stand or lift as required.
- You no longer attend social activities because of physical or mental health limitations.
When these observations are consistent with your testimony and medical records, they can strengthen your case.
If Your Condition Comes and Goes, Explain That
Some medical conditions are episodic. A person may function relatively well on some days but still be unable to maintain regular employment because symptoms occur frequently enough to disrupt work.
For example, individuals with severe migraines or seizure disorders may experience episodes that require significant recovery time.
You should explain:
- How often episodes occur
- What symptoms occur during an episode
- How long recovery takes
- Whether you need to rest, sleep, or lie down afterward
For instance, someone with severe migraines may need to remain in a dark room with their eyes closed for hours. Someone recovering from a seizure may need a full day or longer before returning to normal activities.
Even if you are functional much of the time, frequent episodes that prevent you from completing a full workday or cause you to miss work regularly can be highly relevant to a disability claim.
The Most Important Thing to Remember
When the judge asks whether you can work, do not focus on diagnoses, pain scales, or dramatic descriptions of symptoms. Instead, explain:
- The work activities you can no longer perform
- The one to three medical conditions that limit you the most
- The specific functional limitations those conditions cause
- How those limitations affect you throughout a typical eight-hour day
- Whether you need to recline, lie down, or miss activities because of your symptoms
- How consistently those limitations have been documented in your records
The goal of your testimony is not simply to describe your diagnoses, but to explain how your conditions affect your ability to perform work-related activities. Focus on specific limitations, such as difficulty sitting, standing, lifting, concentrating, or completing tasks consistently. Clear, specific examples help the judge understand the real-world impact of your conditions.
If you need help preparing for your disability hearing, LaPorte Law Firm can help you understand what to expect and how to present your case effectively. Our team can guide you through the process and help you focus on the information that matters most. Contact us today to discuss your options and take the next step toward securing the support you need.