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CJ Henry Law Firm, PLLC

A Florida Disability Appeal Attorney Explains How Disability Is Determined

  • Published: July 15, 2013

As your Florida disability appeal attorney can explain, physical abilities—sitting, standing, walking, lifting, bending, working with your hands—are the most prominent factors in determining a person’s disability. It is more difficult when dealing with mental impairments.

A Florida Disability Appeal Lawyer Understands What Must Be Proven

Whether you are not able to perform specific types of manual labor due to a heart issues, breathing problems, back injuries, or another medical condition, your Florida disability appeal lawyer can advise you concerning what must be proven to be found disabled.

For example, a person under the age of 50 must prove that he or she is not capable of doing a job that would be considered easy and requires sitting down, or a job in which it is acceptable to stand and sit during working hours. It does not matter if this type of job is one that the person might not be hired to do.

Another example is a person who is between the ages of 50 and 54 who must prove that he or she is unable to perform what is considered light work. In other words, this would be work that involves standing for most of the workday and being able to lift 20 pounds. In this case, the person might have the capacity to do a job that predominately involves sitting down, but is still judged as disabled.

A third example is a person from age 55 and up who must prove that he or she can’t perform a job that requires “medium” exertion. This would involve standing for much of the workday, regularly lifting 25 pounds and as much as 50 pounds. In essence, the person can be found able to do light work and still receive a judgment for disability.

What You Can and Can’t Do Must Be Proven by Your Florida Disability Appeal Attorney

Your Florida disability appeal lawyer must prove what you can and cannot do. In general, judges won’t allow you to say you’re unable to do anything at all and accept it as proof of disability. In a situation where you’ve worked in a job that taught you multiple skills, this can be a thorny issue. The judge will ask you questions regarding prior work and skills you may have accrued along the way, and there must be an explanation given.

You may ask how your Florida disability appeal attorney will prove your case. Your testimony is key when answering the judge’s and your attorney’s questions during the disability hearing. Your lawyer will point out if you’ve forgotten anything, but it is preferable for you to answer any question without assistance because it might appear as if your attorney is coaxing you into getting the answers necessary to win the claim.

Contact an Experienced Florida Disability Appeal Attorney

If you are seeking disability benefits, contact a Florida disability appeal attorney by calling the CJ Henry Law Firm, PLLC at 352-304-5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
help you with your disability-related legal needs...Read More