I do not have a way to get to work. Why did the judge tell me that it doesn’t matter?

ssa alj no drive

When SSA is making a decision about whether or not you meet their definition of “disabled” they are only concerned with one thing. SSA wants to know if you have a medical condition (or a combination of medical conditions) that prevent you from performing all work on a regular and continuing basis. The decision is based on your health and the severity of your symptoms. If SSA decides that despite your health problems there is work available somewhere in the country that you can perform, you do not meet the requirements for disability payments. Sometimes in a hearing a judge will ask the vocational expert for the numbers of jobs available in the regional economy which is usually the state the person lives in, but the judge is not required to consider jobs available only in that state. The judge will not consider these factors because they are not related to your medical conditions:

  • You have no transportation to work
  • You are not able to get adequate child care
  • You would not be hired for a job
  • There are no companies hiring in your town
  • You cannot find a job

When you testify at your disability hearing, you should concentrate on explaining why your health problems prevent you from working, not the other things that may make if difficult for you to work.

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Established in 2011, Lunn & Forro, PLLC, is a client-focused firm recognized for excellence in providing top-level legal services. We assist the sick, injured and disabled in obtaining the benefits that they are entitled to receive.

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