Some individuals, when testifying about sitting, fail to communicate to the Administrative Law Judge the true nature and extent of their limitations. Your Evansville Social Security disability attorney can tell you that effectively communicating with the Administrative Law Judge at the Hearing is extremely important in conveying your case.
Providing Information to Judge
The following is what your Evansville Social Security disability attorney would consider a good answer to a judge’s question regarding sitting:
Judge: How long can you sit?
Claimant: I may be able to sit here for about an hour if I make myself, but afterwards I will need to go to my house and lie down. For the rest of the day I’ll be pretty wiped out. I can only manage about 20 minutes of sitting when I’m doing things like paying bills; I have to stand up and do some walking for about 20 minutes before I can sit again. If I had a job where I was able to sit for a while and then stand or walk for a while, the amount of time I spent sitting would decrease as the day went on. I find it is really tough on my back to sit. If I’m sitting in a recliner, though, and can put my legs up, it’s much better. I can spend a long time in my recliner, but it’s really difficult to do things like pay bills in the chair, so I usually pay bills when sitting at my dining table.
Providing information to the judge about what you have to do after you have been sitting a while is beneficial. Are you able to sit a bit, then stand, then sit again, and then continue on with whatever you were doing? Is it necessary for you to alternate standing with sitting? Could you do that at a work station for an entire day? After standing or sitting for a while, do you find it necessary to walk? If so, do you need to do this often? How much time must you spend walking each time?
Most places of employment allow for work breaks every few hours. Would you require extra breaks? What would you need to do while on break – walk, sit, lie down, recline? How many breaks would you need, and how long would they need to be?
You may be asked how long you can sit during a typical eight-hour workday. The judge is interested in knowing how much sitting you are capable of even if the sitting consists of multiple short stretches. You will need to figure this out before the actual hearing in order to give a true estimate. You may be asked the same question about standing.
If you have a Social Security disability case you would like to discuss with a knowledgeable and experienced Evansville Social Security disability attorney, please contact the Siesky & Viehe Law Firm, PC, by calling (812) 402-7700.