Sunday, October 22, 2017

FACTORS AFFECTING YOUR SOCIAL SECURITY DISABILITY CLAIM

There are several factors that will affect whether or not you can receive Social Security disability benefits.  Some of these factors you can control and some you can't.

AGE:  While persons of all ages get disability benefits, it is clear that persons who are age 50 or older have an advantage.

EDUCATION:  Education generally prepares a person to work.  Individuals with more education may have access to more jobs than individuals who have limited education.  Thus, a highly educated person may have more of a challenge with a disability claim.

PAST WORK EXPERIENCE:  A highly skilled person is able to perform jobs that the unskilled person cannot.  Therefore, skilled jobs may be lighter work or less physically demanding than unskilled jobs.

MEDICAL IMPAIRMENT(S):  All claimants must have a severe, medically determinable impairment that interferes with the ability to work on a full-time basis.  Medical evidence of such impairment(s) will be required.

WHICH JUDGE HEARS YOUR CASE:  If your case goes to appeal, you will appear before an Administrative Law judge (ALJ).  You would think that since the judge reviews the same evidence and follows the same rules, the process would be consistent.  It isn't.  Each judge approaches a hearing slightly differently.  Each judge will apply his or her judgment in making a decision as to whether or not you are disabled.  Some judges approve a higher percentage of cases than others.  We cannot pick our judge; they are assigned randomly.  But the judge you are assigned to will definitely have a bearing on your odds of receiving an award.

Please see my website for more information on Social Security disability and how we may be able to help.

FORSYTHE FIRM: SOCIAL SECURITY JUSTICE 

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