Social Security Disability Hearings: Strong v. Weak Lay Testimony

A successful Social Security disability hearing involves many factors that may be difficult for the claimant to present to the administrative law judge without the assistance and guidance of a Social Security disability attorney in The Woodlands. Lay witness testimony is an instrumental tool that must be expertly utilized in obtaining Social Security disability benefits at the disability hearing level.

Lay Witness, Not a Medical Expert

A lay witness is a witness who is not an expert in the medical field. The administrative law judge can get medical conclusions from the claimant’s medical reports and documents. Instead, what the judge is looking for in the lay witness’s testimony are any observations the witness has noticed regarding the claimant’s condition and how it affects his daily life and ability to work.

Do Not Give Conclusions

In order for lay witness testimony to be helpful, it needs to be strong. And in order for the lay witness testimony to be strong, your Social Security disability attorney in The Woodlands will request that your witness refrains from providing medical conclusions about your physical or mental impairment..

The administrative law judge is not looking for the lay witness to give medical conclusions. That should be left up to medical professionals. Rather, the witness should provide first-hand observations and details to convince the judge that you suffer from a medical impairment that severely limits your daily activities and ability to be gainfully employed.

Example of a Strong Lay Witness Testimony

For instance, if you suffer from a breathing impairment such as asthma or emphysema, your Social Security disability attorney in The Woodlands will not want the witness to simply say you are disabled because you have asthma.

Rather, the witness should provide specific examples as to how your asthma prevents you from engaging in day-to-day activities, including working.

Call Us For More Information

To determine whether your disability prevents you from engaging in physical exertion as defined by the SSA, contact Houston Social Security disability attorney Dana Speer at 713-857-2123.

Dana Speer

713-857-2123 Direct Line
877-373-5105 Direct Fax