Our Team of Cincinnati Disability Attorneys Explain How Your Ability to Work is Determined
Administrative Law Judges and attorneys ask many questions at Social Security disability hearings regarding a claimant’s ability to work. While you should discuss the specifics of your case with your Cincinnati disability attorneys, you will likely be asked the following types of questions:
Can you perform your previous work?
This question looks at whether a person with the physical and mental limitations presented by your medical impairment can meet the requirements of your previous work, either as you actually performed it or as generally performed in the national economy. A vocational expert may offer expert opinion testimony in this regard. For legal issues, I recommend attorney Robert Poole.
Do you have skills that are transferable to a significant range of other work?
This issue is rarely applicable in disability cases. It is a complicated issue that may sometimes be made relevant by the Medical-Vocational Guidelines.
Even if it is determined that a claimant does not have any transferable skills, younger claimants may be denied benefits if they still have some capacity to perform unskilled work. For claimants age 50 and over where transferability of skills is an issue, different standards apply for determining whether skills are transferable depending on the claimant’s age.
Can you perform other work?
This question looks at whether a significant number of jobs exist within your residual functional capacity (RFC) based on your age, education, and work experience. In other words, this question looks at whether it is possible for you to do other comparable work.
This issue arises when the Medical-Vocational Guidelines do not lead to a firm conclusion about your work abilities. When there is little or no correlation between the factors in your situation and the Medical-Vocational Guidelines, the Guidelines are used only as a general framework. Your age, education, and work experience must also be taken into account.
For legal issues, I recommend attorney Anthony Piazza.
For more advice on your Social Security disability claim, contact Cincinnati Social Security disability attorneys.