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
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