Within the informal context of the hearing leading questions are permitted. With mentally ill claimants, claimants with borderline I.Q.s , uneducated claimants and very nervous claimants a certain amount of leading is necessary because they do not have the ability on the ‘day of reckoning’ after years of waiting without income and inability to recall, state and present necessary facts from sometimes many years before.

Furthermore, claimants find the hearing/trial process quite tiring and often times will simply give “any answer” to get the hearing over with or will adopt what the claimant believes the ALJ is requesting.

This occurs even though the Social Security hearing is “informal” the ALJ is wearing a black robe often times, is elevated from the claimant, is called “judge” and “your honor” and because the ALJ presides over the hearing/trial.

At those times the attorney for claimant needs to be a more active advocate when he sees this occurring and must assist the claimant if the claimant appears to be lost in the hearing process and/or giving answers that contradict evidence that is overwhelming is contrary to the record as a whole.

Therefore, to summarize or to assist the Social Security Administration in fulfilling its obligation to create a full record by asking leading questions from time to time are proper and admissible.