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CJ Henry Law Firm, PLLC

Six Things That Will Not Matter to Your Claim for Disability

  • Published: March 27, 2014

Two-thirds of all initial applications for disability benefits are denied, even with the help of an Ocala Social Security disability benefits law office. However, do not be discouraged; your chances improve dramatically if you appeal your rejection, especially if you appeal to the administrative law judge hearing level. It can be easy to fall into a cycle of hopelessness if your initial claim is denied because you feel frustrated. But try to keep in mind that the initial decision on a claim is not made by a judge but by employees of a state agency that contracts with the Social Security Administration.

The Other Side of the Story

That said, sometimes there are legitimate reasons that a claim is denied as your Ocala Social Security disability benefits law office will tell you. One of the key issues in any disability case is whether a claimant has the capacity to perform a wide range of sedentary work. If you are literate, speak English and under the age of 50, this is perhaps the most important question that will determine the decision in your case.

Many disability claimants think that if they answer this question a certain way, they will be found disabled. But an Ocala Social Security disability benefits law office will tell you that there are many things that are irrelevant to this question as far as the SSA is concerned. For example:

  • You are not qualified for sedentary jobs. This is irrelevant for any claimant under 50 who is literate and speaks English;
  • There are no sedentary jobs available in your area;
  • You wouldn’t want to do a job like that;
  • You would not be hired for such a job because of your age or race;
  • You would not pass the physical required to be hired for such a job. The question is whether you could maintain minimum performance to do the job; and
  • The pay is too little to cover your expenses.

If you are claiming that any of these reasons are the main reasons stopping you from performing sedentary work, and you do not have an impairment that meets of equals one in the Listing of Impairments, your Ocala Social Security disability attorney will tell you that your claim for disability will most likely be denied.

To find out more about how disability is determined, talk to an Ocala Social Security disability attorney at CJ Henry Law Firm, PLLC at 352.304.5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
with your disability-related legal needs...Protect Your Benefits Today (352) 577-7746