How the Judge Determines Disability

How the Judge Decides If You Qualify for Denver Disability Benefits

The Social Security disability application process is complex and technical. If your case has advanced to the hearing stage of this appeals process, it is crucial for you to basically understand how the administrative law judge (ALJ) determines whether or not you are disabled. This decision will be based on the law, not what you think is common sense or fair. Therefore, an experienced and skilled Denver Social Security disability lawyer who knows the law may be able to convince the ALJ that you are disabled.

    A disability determination is based upon proving two factors:

  • you are incapable of performing the jobs you held in the past 15 years; and
  • there are no jobs for you given your age, education and past work experience.

The legal assistance of a Denver Social Security disability lawyer will be invaluable in effectively proving both elements.

In proving the first element, you need to think about all of your jobs in the past 15 years. Choose the easiest job and demonstrate that you cannot perform such duties given your current disabling conditions, regardless of whether or not this job is still available or even exists.

The second element is harder and less logical to prove. You must demonstrate that you are incapable of doing most other jobs, in addition to your past jobs, given your age, education, and work history. This may mean that you cannot perform a job function that does not exist in you area, or one that you have never even heard of.

It is important to note that you do not need to be totally incapable of doing any job. Rather you only have to be disabled for 12 months in order to qualify for Social Security disability benefits.

Proving disability in a successful Social Security disability hearing is very complicated and demands the assistance of a knowledgeable Denver Social Security disability lawyer. You do not have to fight this battle alone. Contact Denver Social Security disability lawyer John Cimino today.

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