Recently, I tried a SSDI case where my client was, in my opinion, a very poor witness. Every question I asked generated complaints of unbearable pain. This claimant was clearly “invested” in her disability and had no intention or desire to ever try to work again. Several of her (many) treating doctors had expressed reservations about exactly how serious her condition really was. Anyone reading through the record in this case could not help but have concerns that this claimant was exaggerating.

Still, I was able to win this case. I had three things in my favor. First, there was one medical condition (carpel tunnel in the wrists) that was clearly documented and that two respected doctors had identified as causing some work impediment. I started my questioning with this impairment even though it alone was not sufficient to win. My thought was that dealing with this supportable argument first, I would help build some credibility for my client. I followed the questions about carpel tunnel with a few questions that touched on her other body systems. I frequently cut her off when she started to ramble about how much pain she was in.
Second, the judge in this case was appearing by video from another State. Normally, I do not like video hearings because video hearings lack the “one on one” personal interaction that generally helps claimants. Here, it helped de-emphasize my client’s poor presentation.

Third, and most important, I had a good functional capacity form from a treating physician – her general practioner. Despite whatever misgivings the judge might have had, when it came time for him to pose a question to the vocational witness, he used the work activity limitations set out on my form. Thus, the favorable decision.

As I frequently point out, the main issue in any Social Security case has to do with work capacity. Even if the claimant is a poor witness and even if the record is not entirely supportive, a strong functional capacity opinion from a treating doctor will frequently carry the case.

–Jonathan

[tags] poor witness, SSDI claim, carpel tunnel syndrome, video hearing, functional capacity form, residual functional capacity, fibromyalgia [/tags]