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CJ Henry Law Firm, PLLC

Two facts your testimony should help to prove

  • Published: April 11, 2012

At your Florida Social Security disability hearing, we will most likely be trying to prove two facts:  (1) that you are unable to perform your “past relevant work;” and (2) that you are unable to perform other jobs considering your remaining work capacity, age, education, and experience.

Past relevant work. As for this first fact, we need to prove that you cannot do any job you had during the past 15 years for long enough to learn it.  Jobs that you had for less than 30 days don’t count.  I will ask you to tell the ALJ about the easiest job that you performed during the preceding 15 years. The ALJ will need to understand the reason you can no longer do that job. In explaining why you can’t do the job, you don’t want to waste time on explanations that the ALJ will consider irrelevant.  The ALJ wants to know why you are physically or mentally unable to do the job.  It does not matter that your employer has gone out of business or refuses to hire you because of your medical problems.

Inability to do other jobs. As for the second fact we must prove, you need not be in excruciating pain nor be confined to a bed for the ALJ to conclude you cannot adjust to other jobs.  For example, a 50-year-old claimant, who did not complete high school and whose job experience is limited to unskilled heavy work might have to prove that he can’t perform a light job to be considered disabled. A light job involves standing for six out of eight hours, frequently picking up ten pounds, sometimes picking up 20 pounds. This person may have a back condition that prevents him from doing the lifting and standing required by light work.  He may still be able to do a sedentary or sit-down job.  Nevertheless, he would be disabled because at his age, with his education and work experience, the Social Security regulations do not expect him to be able to adapt to sedentary work.

If I represent you, I will review your situation to determine exactly what you will need to prove at your hearing to win benefits. For more information and legal help with an Ocala Social Security disability hearing, contact Ocala disability lawyer CJ Henry by filling out the claim evaluation form on this page.

Claudeth Henry

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