By Chris Sharry on July 18th, 2024 in Disability, Disability Hearings, Social Security Disability
After filing for Social Security Disability, your case will be evaluated by the Social Security Administration (SSA) and medical professionals. If your case is denied, you will have the opportunity to contest this decision at a hearing before an Administrative Law Judge (ALJ).
Although you as the claimant will be the best source to describe your diagnoses, pain, and other limitations, a lay witness can be valuable to provide additional insight that may assist the Judge in deciding whether your case should be approved for benefits.
The question is, should you call a lay witness to testify on your behalf?
Whether to call a lay witness should be discussed with your attorney or representative. Will the witness be adding insight to your situation, or just reiterating what you testified to? Are there areas that the witness can testify to that will give the Judge a different perspective of your case? These are the discussions you will want to have with your attorney.
If you decide to call a lay witness, the next question is who to call?
Many Judges find that spouses, relatives and close friends may be biased as they obviously want what’s best for their family. These people, however, may be the best witnesses to testify as to their day-to-day observations of the claimant. Consideration should be given to neighbors, former workers, and others that may provide testimony of their observations. Judges may characterize these witnesses as being more objective.
As with any legal or trial strategy, thoughtful consideration and discussion with your attorney is a must. If you have questions about your SSD case, please call Attorney Chris Sharry for a case evaluation.
