The way in which an administrative law judge determines whether or not someone is disabled is far from straightforward. In many ways, it flies in the face of common sense. For instance, just because you’re unable to get a job, doesn’t mean you will automatically be found to be disabled.
To understand how ALJs determine disability, you need to think in a more hypothetical sense. In the real world, employers may not be willing to hire you due to your disability. That’s not what matters to the Social Security Administration, or SSA, though. They are only concerned with whether or not you are capable of working. For this reason, applicants must prove they are unable to perform jobs that they’d never be hired for in a million years.
Every now and then, medical findings alone are enough for an ALJ to find a claimant disabled. More often than not, however, Albuquerque disability lawyers must work to prove two main points:
- Your medical condition must prevent you from performing any job that you have performed in the last 15 years.
- Considering your age, education and work experience, there can’t be any jobs that you are capable of performing.
There are several issues in proving both points. A skilled Albuquerque disability lawyer has to prove that you are currently unable to perform the easiest job that you’ve held in the last 15 years. Even if the position in question no longer exists, you have to prove to the SSA that you would be unable to perform it. That’s tricky enough, but proving the second point — that you are unable to perform any job you’d qualify for based on your age, education and work experience — is even trickier. After all, you may never be hired for many of these hypothetical jobs even under the best circumstances.
Contrary to popular belief, you don’t have to be found “totally and permanently disabled” to qualify for social security disability benefits. That term is associated with worker’s compensation and has nothing to do with the SSI disability process. There’s no need to be “permanently” disabled; you just need to be disabled for 12 months. Similarly, there’s no need to be “totally” disabled. You may still be able to do many things, but you can’t be able to perform jobs as outlined above.
Hire an Albuquerque Disability Lawyer
The social security disability application process is arduous and complicated. It pays to have the right legal representation. Call Michelle Baca Attorney at Law at 505-872-1142 today.
