In order to help you better understand how the administrative law judge (ALJ) determines whether you are disabled, your Social Security disability attorney in Detroit can give you a detailed overview of the process.
Hypothetical Determination
An ALJ’s decision as to whether a claimant is disabled and deserves Social Security disability benefits is a hypothetical determination. In essence, the decision-making process is only based on the claimant’s ability to perform certain tasks at his or her job. The determination does not consider whether the claimant will be hired, but rather that he would not be able to perform the tasks if he were hired.
Evidence the ALJ Needs to Make a Decision
In order for the ALJ to determine that a claimant is disabled, a Social Security disability attorney in Detroit will need to prove two things:
- He or she will need to demonstrate that the client’s medical condition prevents her from performing any jobs that she has done in the past 15 years. The attorney should choose the simplest job the claimant has held in the past 15 years and prove to the judge that the client is currently unable to perform even the simplest tasks at this job given the restrictions of her medical impairment.
- The Social Security disability attorney in Detroit must show that given the claimant’s age, level of education and work experience, there are not too many jobs readily available in the national economy that the claimant would be capable of doing.
Duration of Disability
To find a claimant disabled, the ALJ will also look at the duration of the claimant’s disability. Unlike a workers’ compensation claim where the claimant may need to prove total or permanent disability, a disability claimant must only be disabled for a minimum of 12 months in order to qualify for Social Security disability benefits.
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