No. No ethical Social Security disability attorney coaches you, meaning tells you what to say or deliberately shapes your testimony. That is a firm line drawn by the rules of professional conduct and by the SSA’s own rules for representatives. A good attorney seeks to prepare you by explaining how the hearing works, reviewing your case with you, and ensuring you understand the questions asked at the hearing. This allows you to answer them truthfully, specifically, and completely.
- Administrative Law Judge (ALJ):
- The judge who runs your Social Security disability hearing and decides your case. There is no opposing attorney; the ALJ asks the questions.
- Witness preparation:
- Explaining the process, reviewing the record, and practicing truthful answers with a client before testimony. Required of every competent attorney.
- Coaching:
- Telling a witness what to say, encouraging exaggeration or omission, or signaling answers during testimony. This is prohibited by the rules of professional conduct.
- Vocational Expert (VE):
- A job-market specialist the ALJ may call to testify about what work, if any, someone with your limitations could do.
The Critical Distinction: Coaching And Preparing Are Not the Same Thing
An ethical, experienced attorney represents you by preparing you for the hearing. Preparation means explaining the process, reviewing the record, and practicing honest answers that represent the whole truth.
Coaching is the opposite. It involves scripting testimony, encouraging exaggeration or omission, or signaling answers during the testimony. All of these behaviors are unethical, and if your current attorney acts this way, you should find another attorney.
The American Bar Association explained this in a 2023 ethics opinion: Preparing a witness is “an essential tactical component of a lawyer’s advocacy,” but telling a witness what to say crosses into misconduct. In New Mexico, the rules of professional conduct say a lawyer shall not “counsel or assist a witness to testify falsely.” The SSA holds disability representatives to its own standard as well, and it prohibits presenting false or misleading statements or evidence.
Yes, The Judge Will Question You Directly and You Must Answer Truthfully
A hearing is actually a due process right—it is your right to be heard, meaning, it is your chance to explain how your injuries, illnesses and/or other impairments affect you. Many people assume their lawyer does all the talking. At a Social Security hearing, that is not how it always works. Under SSA’s hearing rules, the judge controls the questioning and usually questions you first. Your attorney asks follow-up questions after the judge finishes.
Common subjects the judge may ask you about at your ALJ hearing:
- Your past work
- Your medical conditions and treatment
- A typical day for you
- How long you can sit, stand, walk, or lift
- How well you get along with other people
- How well you can focus on a task or adhere to a schedule
- Why you stopped working
The hearing is non-adversarial, meaning there is no Social Security attorney arguing against you. The judge’s job is to gather facts and decide on whether you fit the criteria for SSDI. Typically, ALJ hearings run 50 to 60 minutes and may be in person, by phone, by agency video, or by online video.
We cover more of the day-of logistics in our tips for your SSDI hearing in Albuquerque.
What Preparation Looks Like At Michael Armstrong Law
Laura and the team at Michael Armstrong Law bring decades of experience obtaining Social Security Disability Insurance (SSDI) benefits, and they partner with you to review your medical evidence and work history. Preparation with our legal advocates means walking you through the order of the hearing and explaining who will be in the room with you.
What Our Team Will Not Do:
- Put words in your mouth or script testimony
- Tell you to leave things out of your story
- Suggest you exaggerate symptoms
This protects you and the integrity of your case. Any of these behaviors is an immediate red flag to an ALJ, and judges pick up on them quickly. Your best opportunity to secure the benefits you deserve is to be honest and transparent with your attorney and with the judge. Preparation also covers the practical side: SSA requires all written evidence to be submitted or identified at least five business days before the hearing. Our team makes sure your records are in the file on time and you know exactly how you will appear.
Call Us TodayHow To Answer Truthfully When It Is Your Turn
These are the three most important rules when giving testimony at your hearing:
- Answer only the question asked
- Be specific: “About 30 minutes” instead of saying “not long”
- Do not guess: “I don’t know” and “I don’t remember” are honest answers, and the ABA’s own guidance reinforces this.
The opposite of exaggerating is minimizing, and minimizing can hurt your testimony just as much. People who have been through real hardship often default to “I’m fine.” Describing a good day and a bad day, how each feels, and how often each happens, is integral to compelling testimony. Your attorney will be there to guide you. There is no need to fit everything into one answer; your counsel can ask follow-up questions after the ALJ finishes so nothing important is missed.
Frequently Asked Questions
Is it legal for my lawyer to coach me before a Social Security disability hearing?
No. Coaching, meaning telling you what to say, encouraging exaggeration or omission, or signaling answers during testimony, is prohibited by the rules of professional conduct. The ABA’s 2023 ethics opinion, New Mexico’s rules of professional conduct and the SSA’s own rules for representatives all draw that line. Preparation is different and is expected of every competent attorney.
What is the difference between preparing a witness and coaching a witness?
Preparation means explaining how the hearing works, reviewing the record with you, and practicing truthful answers. Coaching means scripting testimony, encouraging you to exaggerate or leave things out, or signaling answers while you testify. The first is required of every competent attorney; the second is misconduct.
Will the judge question me directly at my SSDI hearing?
Yes. Under SSA’s hearing rules the Administrative Law Judge controls the questioning and usually questions you first, and your attorney asks follow-up questions after the judge finishes. Expect questions about your past work, your medical conditions and treatment, a typical day, how long you can sit, stand, walk or lift, how you get along with other people, how well you can focus, and why you stopped working.
How long does a disability hearing take, and is anyone arguing against me?
ALJ hearings typically run 50 to 60 minutes and may be in person, by phone, by agency video, or by online video. The hearing is non-adversarial: there is no Social Security attorney arguing against you. The judge’s job is to gather facts and decide whether you meet the criteria for SSDI.
How should I answer the judge’s questions at my hearing?
Answer only the question asked, be specific (“about 30 minutes” rather than “not long”), and do not guess; “I don’t know” and “I don’t remember” are honest answers. Minimizing can hurt your testimony as much as exaggerating, so describe a good day and a bad day and how often each happens. Your attorney can ask follow-up questions after the judge finishes so nothing important is missed.
Preparing For a Hearing? We’re Here to Help.
Michael Armstrong Law has spent over 30 years serving the residents of New Mexico and helping them get the benefits they deserve. Our firm represents clients at the hearing and appeals stages and prepares every client before they testify. Don’t let a denial shape your future. We can work with you to ensure you get the benefits you deserve. Contact us today to tell your story.