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Richmond Disability Lawyer | Good vs. Bad Witness Testimony

Richmond Disability Lawyer Explains Good vs. Bad Witness Testimony

Individuals who are attempting to get Social Security disability benefits are often concerned about witness testimony from their co-workers and managers.  Any Richmond disability lawyer will tell you that there are definitely good and bad ways to testify during a Social Security disability hearing.  Some testimony is weaker than others, so it’s important that your witnesses know the difference and try to offer strong testimony during your hearing.

Good and Bad Coworker Testimony

For example, one of your co-workers might get up and merely state that you are no longer able to run the power sewing machine at the clothing factory where you work.  That testimony on its own is very weak and will do nothing to help the judge make a decision regarding disability.  A stronger form of testimony would be for your co-worker to talk about how he or she worked right next to you at the factory and discuss how you were expected to sit all day long (with the exception of a 30 minute lunch break and two 15 minute breaks).  Additionally, the testimony should include details about what you were required to lift and how you were expected to use your limbs on a regular basis.

Good and Bad Manager Testimony

If you have a manager who is expected to testify during your hearing, your Richmond disability lawyer can tell you that his or her testimony will be very important to the success of your case.  That said, if your manager gets up and simply says that you are too disabled to perform your previous work, that will not be helpful at all.  Instead, your manager should expound on the fact that he or she is well aware of the type of work that you did and what it required from an exertional standpoint.  Also, he or she should make mention of your absences that were related to your illness and discuss any doctor’s reports that talk about your condition and ailments.

With respect to company disability, if your personnel manager testifies that you are entitled to Social Security disability benefits because you already receive disability retirement from the company, that will not be beneficial testimony because it just makes a blanket statement.  Alternatively, the manager should let the judge know that he or she is the person who’s responsible for making the decision regarding one’s entitlement to disability benefits under a company plan, and he or she should explain the exact process used to assess a worker.

If you would like to speak with a Richmond disability lawyer because you have concerns about the testimony of your co-workers or managers, please contact us today.