- DISABILITY CLAIM FAQ
A claimant’s work history can be just as important as a person’s medical history when applying for Social Security Disability (“SSD”) benefits. Yesterday, I had two SSD applications that were approved without ever having been denied that illustrate this point.
I had submitted medical evidence that supported approving each claimant’s application. One claimant was a 49 year old court reporter, and the other was a 50 year old firefighter. However, I have submitted similar medical evidence for many other SSD applicants, including former firefighters and court reporters, whose SSD applications were denied initially. The two applications approved yesterday involved individuals who each had only one job during the past 15 plus years.
It is important to emphasize that a claimant’s alleged inability to work is supported by a strong work history. The courts, particularly those in the Second Circuit that includes New York, have established that claimants with a good work record, especially those with the same employer, are entitled to substantial credibility when claiming inability to work because of a disability.
Social Security presumes that the only reason people with a good work ethic, or who earned a lot of money, stopped working is because they cannot. Emphasizing those positive vocational factors is usually sufficient to alter Social Security’s default position of denial to an approval.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou