Brad Thomas Disability PLLC

Should A Witness Testify At Your Disability Hearing?

Today we will talk about having a witness testify at your Social Security Disability hearing and why it’s nearly always a bad idea.

Disability judges are extremely busy, they have a lot of hearings that get stacked up back to back to back every day. And they need to get through them in about 45 minutes to an hour, they absolutely hate hearing the same testimony twice or multiple times.

If you’re gonna have a witness testify and they’re only going to testify to the same stuff that you just testified yourself about, you should not have a witness testify during your hearing. If they absolutely must submit something to the court, they can fill out what’s called a third-party Functional capacity statement, and it testifies to what you’re going through and what your limitations are.

But if you’re able to testify for yourself, then you should not have any witnesses testify at your hearing.

In a situation where you should have a witness testify at your hearing is if you have memory deficits, or you are simply unable to reliably communicate what you’re going through. But if he claims it literally has memory deficits, or such severe emotional disturbances, that they can’t testify and have a back and forth about what they’re going through, then you should have a witness but not in any other circumstance or situation, please that I know have you run the risk of annoying and irritating the judge. And since the judge decides whether the case gets spread or not.

You want to keep that Judge happy.

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