Friday, April 24, 2020

WHAT WILL A DISABILITY JUDGE CONSIDER?

Most people who apply for Social Security disability will wind up before a judge, who must decide if they qualify for benefits.  What type of things will the judge consider?

In addition to your medical record, there are several factors that a judge will look into:

1.  Your Work Record.  Judges like to see claimants who have a long, steady work history.  This gives the claimant a great deal of credibility.

2.  Are Other Family Members on Disability?  Judges don't like to see a household where multiple members of the family are on disability benefits.

3.  Have You Tried to Keep Working?  Judges will ask how you have tried to stay in the workforce.  They want to know about medical treatment, physical therapy, rehabilitation or looking for an easier job that you may still be able to perform.

4.  What Are Your Hobbies and Recreational Activities?  You say you are not able to work, but how do you spend your time?  Do you go to ballgames, hunt, fish, travel or engage in other hobbies?  Do these recreational activities indicate inconsistency with the idea that you are disabled?

5.  Do You Have Unreported Wages?  Judges want to know if you have worked "under the table."  They usually view this as dishonesty because no FICA or federal tax were paid on these earnings.  Such work may also indicate that a person really isn't disabled, since they have been working.

6.  Do You Have Transferable Skills?  You may have performed a job in the past that you are no longer able to do.  In that job you may have used skills that can be transferred to easier jobs that you can still do.  A vocational expert at your hearing will assess any transferable skills and the judge will decide how those skills affect a disability decision.

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THE FORSYTHE FIRM
7027 Old Madison Pike   Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

Email Us:  forsythefirm@gmail.com

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