If you have applied for Social Security disability you probably don’t realize that many of the real-world circumstances you find yourself in won’t be considered by the judge that will hear your case.
The judge won’t consider:
- That you cannot find a job
- The fact that there are no job openings where you live
- That you may live in a small town or rural area
- The fact that you would not actually be hired for a job
- Your desire to not work at a particular job (i.e., “I could never do sales”)
- That you can’t take care of your family AND work
- That you can’t pass a company physical
- That employers won’t hire you because you you have a felony conviction
- The tough economy, and lack of jobs in general
- That you’ve been a stay-at-home mom and have no work experience
- That you’ve always been a high-wage earner, and you can’t possibly work at some minimum-wage job
- Your financial problems: That your house is in foreclosure, or that you are homeless
So, what does the judge look at?
The judge considers the facts in your case, and uses the 5-step evaluation process to determine if you meet the requirements for disability. They look at your functional ability to perform work. In other words, could you do a job that has certain physical and mental requirements?
It is an artificial way to look at disability claims, but unfortunately it is the way Social Security disability claims work.
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