Witness Testimony

The Social Security regulations require an administrative law judge (“ALJ”) to consider all evidence, including information from nonmedical sources, such as a family member. A claimant should always consider having a witness testify at a hearing when appealing a denial of Social Security Disability (“SSD”) benefits. Having a witness testify is especially important when the claimant is impaired from fully testifying. 

I represent a former a financial compliance officer who suffered a traumatic brain injury (“TBI”). The ALJ approved the claimant’s SSD application today after finding oral and written testimony from the claimant’s witnesses to be credible. 

The ALJ granted my request to allow the claimant’s brother to testify at the hearing, after listening to the claimant’s testimony. The brother pointed out the numerous errors and oversights in the claimant’s testimony, many of which were corroborated by the documentary evidence. I also obtained a letter from the claimant’s friend with a liquor store, who had hired the claimant to work for him. The letter explained that the claimant had to be let go because he was unable to remember to perform the simplest of tasks. 

New Social Security rules emphasize the need to show consistency of the evidence supporting an SSD claim. Letters, affidavits and testimony from witnesses help establish that consistency.