Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
Social Security disability claims can be denied for a number of reasons, but one of the most common is related to job history. If the Social Security Administration, or SSA, has denied your application due to a job history-related issue, you can file a disability. To file one, you need to know how you can overcome certain claims by the agency.
Work Skills
One possible reason for denial of benefits is that the SSA believes that you have work skills you do not have. Part of the disability process is determining whether your skills can be used to perform another job.
The agency will look at past work that you have performed to gauge skills. The past work the agency can consider is very limited. For instance, part-time and sporadic work should not be considered.
If this information gathered by the agency is used to disqualify you from receiving benefits, you and your attorney can file an appeal. During the hearing, you can explain what skills you have to the administrative law judge.
Remember, the judge is relying on the testimony of the SSA's vocation expert to discuss what job skills you have. The expert can only provide testimony regarding what skills are generally needed for the position you held prior to filing for help. Your lawyer will ensure that the judge is aware that you only performed certain skills.
Old Job
There is a possibility that the SSA could deny you for benefits if the agency believes that you can still do your old job. This decision usually is based on your description of your job duties and your disability.
When you appeal the decision, your attorney will ensure that a more complete picture of your job duties is provided. A more descriptive listing of your duties could include detailing the amount of time that is spent standing or having to lift heavy items.
Your attorney will also include medical evidence that shows exactly why you cannot do the job anymore. Evidence can include your medical records, CT scans, MRIs, and X-rays.
If your case does make it to a hearing, it is important that you be as detailed as possible when discussing your injuries and job duties. Do not over-exaggerate, but provide all of the information the judge needs to make a sound decision.
A denial of benefits can be hard to accept. Fortunately, you can appeal the denial. With the help of an experienced attorney, you have a better chance of having a denial overturned. For more information, contact a business such as Law Offices Of Russell J. Goldsmith.
Share18 March 2015
