I was asked by a client recently if they could bring someone to their disability hearing to testify on their behalf. The answer is yes and this type of witness is often called a “lay witness”.

The most appropriate person to testify would be someone that sees you regularly and can testify as to your limitations and what you are going through on a daily basis. It is critical that this witness testify as to observations made of you, not just what you tell them. In addition, your lay witness must be able to describe the pain you experience, if any, and any other limitations you have that prevent you from working.

Your lay witness should have a basic understanding of the disability hearing. Your lawyer will discuss and let you and your witness know what to expect. Testimony during the hearing should not be prepared or memorized. There is nothing that can hurt your case more than testimony that is exaggerated or that is not considered credible by the Administrative Law Judge.

If you have any questions, or would like to discuss your case further, please don’t hesitate to contact my office.