How the Judge Determines Disability
Because the Social Security disability process can seem complicated and technical, it is essential that you understand some of the most basic points in terms of how the administrative law judge determines whether or not someone is disabled. The judge’s decision will be based on the law, not what you think is fair or commonsensical.
First of all, a judge’s decision that you are disabled is considered a “hypothetical” determination. In other words, it has little to do with the real world and everything to do with the standards set forth by the Social Security Administration for determining disability. A determination that you are not disabled simply means that you are capable of doing jobs. The inability to find open positions in your area, as well as problems in getting hired or maintaining employed status, is not considered relevant to the determination. You may find yourself having to prove that you cannot do a job that you would not be hired for anyway; your Ocala disability lawyer will know which jobs those tend to be and prepare you to answer these questions.
Secondly, most cases involve more than just using medical evidence to prove that you are disabled. While some people can rely solely on medical findings to show that they are disabled, most also need to prove that they are incapable of doing most other jobs as well as any of their past jobs, considering age, education, and work history. This may mean proving that you can’t do a job that doesn’t exist in your area, or one that you’ve never even heard of.
You may have heard the term “totally and permanently disabled.” This phrase is relevant to workers’ compensation cases but not Social Security disability claims. You only have to be disabled for 12 months in order to qualify for Social Security disability benefits, and it is not necessarily the case that you must be unable to do any job.
For more information, call (352) 304-5300 or fill out the form on this page to get in touch with Ocala disability lawyer CJ Henry.