How a Judge Determines If You Are Disabled or Not

Posted on September 5, 2014 by cjblog

Are you involved in a disability case? A Florida disability lawyer knows how the judge in your case determines disability.

Disability Hearing with an Administrative Law Judge

Your case will likely be seen by an Administrative Law Judge. This judge will have the responsibility for determining whether or not you are disabled. The process for making this determination is technical, complicated and often not logical.

Determining Eligibility for Social Security Disability Benefits

Any determination of disability is hypothetical, meaning that it does not necessarily have anything to do with the real world. For example, you may think that you cannot get a job because of your disability, but the court may think otherwise. The Social Security Administration is not concerned whether or not employers won’t hire you because of your condition, but only if you are capable of doing the job.

It is possible that the judge will find you disabled based solely on your medical findings. However, in most cases, your attorney will have to prove the following:

  • Your medical impairments prevent you from any job that you have had in the most recent 15 years.
  • Keeping in mind your age, education and work experience, there aren’t too many jobs you are capable of doing.

Your Florida disability attorney may ask you to pick the easiest job from the past 15 years and prove you cannot do that. It does not matter if you would never be hired again for that job or if that job even exists anymore. You just need to prove you can’t do this job.

To prove that you can’t do jobs because of your age, education or work experience, you may have to prove that you are unable to do jobs that you know you would never be hired to do.

It is important to know that you do not need to be considered permanently disabled, you only have to be disabled for the past 12 months. Also, you can be capable to do certain tasks to receive disability payments. Very few people seeking disability are unable to work at anything.

For more information on how a judge determines disability status, contact a Florida disability lawyer from CJ Henry Law Firm, PLLC by calling 352.304.5300.

This entry was posted in Blog, Social Security Disability by cjblog.