Anyone ever prevail at the ALJ after doing a horrible job of testifying?
 

Curious if anyone here has ever been approved after presenting horribly in front of the ALJ, forgetting what your taliking about in mid-sentence, not answering effectively, even contradicting your doctors opinions, well?

Yes my case was something like that. I am not good at all in social settings. All I basically remember was stumbling thru alot of questions and saying yes sir or no sir to the judge alot.

Is brain fog/difficulty concentrating due to pain/meds/etc one of the reasons that you are applying for ssdi ? Maybe your 'mistakes' could help your case.

Did you have a lawyer with you ? How did they think it went ?

It depends why you did a horrible job at testifying (and you may have been better than you think). If you think you did a horrible job because of pain, pain medications or mental issues you're fine. I always tell people that if they're having a terrible day, the judge can see what a terrible day is like. If you're having a good day, you can tell the judge about your bad days. Also, some judges are friendlier than others. Just because a judge is short with you or you don't think was listening, it doesn't actually mean anything. The judges tend to rely on the medical records quite a bit anyway. If your testimony really did hurt your case that the medical records would otherwise support, you can appeal your case.

It was a factor at my hearing.

Since I was representing myself the ALJ gave me the option to do quite a bit of the Voc Expert questioning via mail before hand, and she had already stated the only job I would be able to perform was as a Surveillance System Monitor (she was actually very nice) but the job is BS, it no longer exsists with the same duties as when written in 86 and is frequently used to deny people benefits. We were in middle of this illogical exercise about how many of these "jobs" existed in California (400?) of which I brought evidence that not only did they have duties I couldn't perform, many required carrying a freaking gun, and went to retired military or other government employees first, when brain fog seized me.

One second I was a normal, intelligent person and the next I was LOST. Let me say, I can fake it, meaning appear healthy for short periods of time on non consecutive days. I can get through most holidays or I cancel. Spend a week on "vacation" with me and doubting relatives I see 2 or 3 times a year, suddenly get it, "I had no idea you were so ill..."

Clearly, my ALJ had seen brain fog before. He abruptly asked what meds I was on, I told him the commercial name of the time released morphine I take and MSIR, and started the rest of my long list. He interrupted and asked about pain meds, and I explained that I was taking both time released Morphine and immediate release Morphine. He asked to break so he could go confirm that they were what I said they were and check my dosage levels.

I kept trying to reread my notes and get it together to no avail, when he suddenly came back, announced there was no need to continue, and gave me a Fully Favorable Approval. I think I thanked the judge, but all I remember is feeling numb and my MOTHER sobbing.

99.5% of the ALJ judge decision is based on your medical documents & the labor representative report (if present). The other 5% is based on your and/or witnesses oral statements.

If your medical records are well documented (all the "T" crossed & "I" doted ) and complete you have nothing to worry about basically. :)


Good luck! :hug: