Ocala Disability Attorney: Understanding Disability Law

Posted on May 3, 2012 by cjblog

At your initial interview with an Ocala disability attorney, he or she will use this time to give you a brief education on disability law. Unlike other types of law that use a straightforward or proven approach, the Social Security Administration uses a hypothetical or theoretical approach to disability cases.

Capable versus Hirable

For the Social Security Administration, disability cases do not focus on whether you are able to secure employment but instead, whether you are capable of performing the tasks necessary to do a job. In other words, your case isn't based on whether or not a potential employer finds you hirable, it is based on whether or not you are capable of performing the job duties if you were hypothetically hired.

Common Claimant Mistakes

Some disability claimants make the mistake of thinking that if they can show the administrative law judge (ALJ) hearing their case that they are unable to get a job, it proves that they are disabled. Your attorney will let you know that attempting to prove that you are not hirable by filling out multiple applications or sending resumes to a number of different employers is not an advisable thing to do. Taking this course of action can actually be damaging to your case because the ALJ will question why you are applying for a multitude of jobs if you are trying to prove that you are incapable of performing the required job duties due to a disability.

Another common mistake made by disability claimants is exaggerating their disability or impairments. Many claimants mistakenly believe that their disability must be a permanent and total disability to qualify for benefits. This is a myth. Claimants must be disabled for at least 12 months and a total disability does not meant that you must be bedridden or confined in a similar manner, to qualify for benefits.

If you would like to speak to a knowledgeable Ocala disability attorney regarding your case, please contact CJ Henry at (352) 304-5300. We have represented hundreds of injured and disabled individuals throughout the State of Florida. Our goal is to help ease your financial burden by assisting you in getting the benefits you are entitled to so that you can focus on your health.

This entry was posted in Blog by cjblog.