Jobs and Social Security Disability

It is important to know how the Administrative Law Judge thinks because she is going to decide whether or not you are disabled.

The way the Judge looks at your case depends on your age.

If you are under 50 years of age, and the Judge thinks you can work at job at all then you are not disabled.

If you are 50 years of age or older, and the Judge thinks you can only work a sedentary job then you are disabled ( there are certain exceptions to this rule but to make things simple I will not get into them at this time).

A sedentary job means a job where you spend 6 hours out of an 8 hour day sitting. And you only have to lift 10 pounds.

Questions about proving you cannot work? Call Social Security Disability Lawyer Dirk May at 309-827-4371.

Vocational Experts

What the vocational expert says during your Social Security Hearing is very important. It can make the difference between winning and losing your case.

For that reason alone I think you should seriously consider hiring a lawyer to represent you in your Social Security Disability case.

I have mentioned before that there is no cost unless you win your Social Security case, and then fees are limited to 25% of back benefits or $6,000 whichever is the lower amount. Compared to your lifetime benefits and Medicare coverage the fee is a very small amount.

The concern is that vocational expert can make it look like you had transferable skills that may not be correct, or testify that your limitations will allow you to perform a line of work that will make you not disabled.

For more information regarding Vocational experts and Social Security Disability please call me, Attorney Dirk May at 309-827-4371.

Vocational Testimony in Social Security

The Vocational Expert is usually not your friend at the Social Security hearing. 

The Vocational Expert’s job is to find jobs that fit the restrictions the Administrative Law Judge provides  to her.

Usually if jobs are found, you will be found not disabled. 

You need to show the jobs cannot be done according to your medical records, or that only a very few jobs exist. 

The main way to do this is to show the Dictionary of Occupational Titles ( a government publication) provides certain requirements for jobs such as frequency of use of hands, standing, walking, lifting. It also shows certain skills levels are needed, as well as reasoning requirements.  

You must show that your medical condition results in limitations that knock out these jobs. 

Social Security does not deal in the real world, so the fact that there may not be many job openings for the jobs cited does not concern them at all. 

The Vocational testimony is so important, and at times complicated, that it is necessary to discuss it with an attorney. 

Please contact me, Attorney Dirk May at 309-827-4371, if you have any questions. 

Can I get Disability if I am younger?

It is certainly easier for Social Security to find you disabled if you are 50 years or older, but you can be considered disabled if you are under 50 years of age. First, you have to prove you can no longer work the jobs you performed over the last 15 years.Then you have to prove you cannot do any other type of work.This is the difficult part because most people can do some type of sit down work.Social Security does not consider whether you can actually get the jobs they list, or whether anyone is really hiring.The only question is whether based on your limitations you can actually do the job.If you are under 50 years of age and wonder if you may be disabled according to Social Security please call Attorney Dirk May at 309-827-4371. 

What jobs can I do?

Social Security Disability is based on the inability to work.   

The Administrative Law Judge must decide whether you can perform your former jobs, over the last 15 years. And if you cannot, whether you can perform any job. If you are 50 years of age or older, this requirement changes somewhat.  

Social Security does not have to provide you a job, or show that there are real job openings in your area. Instead they will ask a Vocational Expert at your hearing, what kind of jobs are available for persons with  certain limitations (such as lifting, standing or walking), and how many jobs exist in the area.Usually, if the Vocational Expert finds a job within your limitations then you are not disabled. The question is whether  you can prove you have limitations that eliminate the jobs the expert finds for you. If you can do this, then you are disabled.