I see individuals with all types of impairments who need to file a Social Security disability claim. As I listen to their stories, I am reminded of how important it is to focus on why the claimant is disabled. Social Security law provides disability for thousands of various impairments, both physical and mental. However, there are many factors that do not matter in a disability claim. Here are some of them.
It doesn't matter that you can't find a job or that nobody will hire you. That is not a disability; it is an unemployment issue. Social Security only wants to know if you are unable to work, not whether you can find work.
One claimant told me, "No one will hire me when they find out I filed a workers compensation claim because I am a liability." It doesn't matter to Social Security.
It doesn't matter if your education or job skills have become outdated by rapidly changing technology. I sometimes hear, "My job has been taken over by machines." Or, "The skills I learned in typewriter repair 35 years ago are no longer in demand." Social Security will not consider such factors when deciding if you qualify for a disability claim.
The fact that you can't drive to work doesn't mean that you are disabled. Neither does being overweight or obese - if that is the only impairment. Recessions or economic slowdowns don't count in disability decisions. It doesn't matter how high the unemployment rate is.
It doesn't matter if you prefer not to work in a particular industry or job classification. "I sold cars (or insurance) for years, but I'm burned out and I don't want to work in sales any more." That will not be considered in a Social Security disability claim. Also, it doesn't count if you won't relocate to find a job.
When it comes down to it, only 2 things matter to Social Security when it comes to determining whether you are disabled. One, can you do any of your past relevant work? If so, you are not disabled. Two, if you cannot do any of your past relevant work, can you do any other work as it is being done in the national, regional or local economy? If you can, you are not disabled.
We might note that it doesn't matter whether there are any job openings for the work that you could do. For example, if you could work as bench work assembler, it doesn't matter that there are no openings for bench work assembly. The fact that you are capable of doing the work and that kind of work is being done in significant numbers, is enough to classify you as "not disabled."
I know this is frustrating. As a friend of mine says, "It's enough to make you rub your chin, scratch your head and pull your hair out." But it's the way Social Security works.
The trek through the Social Security disability wilderness is best undertaken with a qualified guide. Consider getting help from someone who understands the process, procedure, laws and practices. Remember, your "guide" cannot charge you a fee unless you are successful.
Click here if you need a qualified disability advocate in Alabama.
It doesn't matter that you can't find a job or that nobody will hire you. That is not a disability; it is an unemployment issue. Social Security only wants to know if you are unable to work, not whether you can find work.
One claimant told me, "No one will hire me when they find out I filed a workers compensation claim because I am a liability." It doesn't matter to Social Security.
It doesn't matter if your education or job skills have become outdated by rapidly changing technology. I sometimes hear, "My job has been taken over by machines." Or, "The skills I learned in typewriter repair 35 years ago are no longer in demand." Social Security will not consider such factors when deciding if you qualify for a disability claim.
The fact that you can't drive to work doesn't mean that you are disabled. Neither does being overweight or obese - if that is the only impairment. Recessions or economic slowdowns don't count in disability decisions. It doesn't matter how high the unemployment rate is.
It doesn't matter if you prefer not to work in a particular industry or job classification. "I sold cars (or insurance) for years, but I'm burned out and I don't want to work in sales any more." That will not be considered in a Social Security disability claim. Also, it doesn't count if you won't relocate to find a job.
When it comes down to it, only 2 things matter to Social Security when it comes to determining whether you are disabled. One, can you do any of your past relevant work? If so, you are not disabled. Two, if you cannot do any of your past relevant work, can you do any other work as it is being done in the national, regional or local economy? If you can, you are not disabled.
We might note that it doesn't matter whether there are any job openings for the work that you could do. For example, if you could work as bench work assembler, it doesn't matter that there are no openings for bench work assembly. The fact that you are capable of doing the work and that kind of work is being done in significant numbers, is enough to classify you as "not disabled."
I know this is frustrating. As a friend of mine says, "It's enough to make you rub your chin, scratch your head and pull your hair out." But it's the way Social Security works.
The trek through the Social Security disability wilderness is best undertaken with a qualified guide. Consider getting help from someone who understands the process, procedure, laws and practices. Remember, your "guide" cannot charge you a fee unless you are successful.
Click here if you need a qualified disability advocate in Alabama.
Comments
Post a Comment