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CJ Henry Law Firm, PLLC

Beyond the Sequential Evaluation Process

  • Published: June 24, 2013

Outside of the sequential evaluation process, there are a few ways an applicant can be found disabled, or disabled but not eligible for benefits. Your Ocala disability lawyer will go over these alternatives with you and explain how they may apply to you.

Medical-Vocational Profiles

If you are over 55 with a severe medically determinable impairment, you will automatically be found disabled if you have an 11th grade education or less with no past relevant work experience.

The second set of circumstances for automatic disability is you have worked at least 35 years doing arduous unskilled labor, which you can no longer do, with at most a 6th grade education.

Finally, the requirements for the third profile are that you are 60 years old and have worked 30 years or more doing unskilled work or work that has given you no transferable skills, but are unable to continue doing this work. Additionally, you must have a limited education and not be currently working at SGA level.

Denied Despite Disability

Your Ocala disability lawyer will warn that, even if you pass the sequential evaluation, you may still be denied disability benefits. This will be the case if your doctor has ordered specific treatment or a medication regimen, but you are not following it. In this case, the SSA will have found you disabled but ineligible for benefits if the treatment prescribed by your doctor was “clearly expected to restore” your ability to work, but you failed to abide by the doctor’s orders.

Additionally, an addiction to drugs or alcohol that is material to your disability will affect your claim. Your Ocala disability lawyer will explain that, if you would no longer be disabled upon ending your addiction, you will not be eligible for benefits.

How an Ocala Disability Attorney Can Help

As you can see, the disability claim process is often difficult to understand. Without the proper guidance, you may feel lost. An Ocala disability lawyer can help you navigate this often complex system. Contact the CJ Henry Law Firm, PLLC at 352-304-5300 today.

Claudeth Henry

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