Clients sometimes ask our Augusta Social Security disability lawyer how to prove either a physical or mental disability. While a physical disability is generally related to your ability to work with your hands, sit, stand, walk, bend or lift, proving a mental disability is more complex.
Proving Physical Disability
Our Augusta disability attorney will review the rules listed in the Social Security Blue Book in order to see if you qualify and to develop a strategy to tackle your case. You might not be able to perform manual labor due to one of the following medical problems:
- Breathing conditions
- Heart defect
- Weak back
- Deformities or other reasons.
Rules Based on Age
The Social Security Administration considers your age when determining disability. A basic overview follows:
- Under age 50 – You must prove that you cannot work at an easy job where you can switch between sitting and standing while at work. Even if you would not be hired for this type of work, the burden of proof falls on you.
- Age 50 to 54 – You must prove that you cannot fulfill the basic requirements of limited or light work, including standing most of the day and lifting as much as 20 pounds. Even if you can physically work at a desk job, the SSA might still find you eligible for disability.
- Age 55 and older – You need to show that you cannot do “medium” work where you stand on your feet for most of a shift, often lifting between 25 and 50 pounds.
Even if you can do light work, you could still be considered disabled. Our Augusta Social Security disability lawyer will tackle your case from two sides: what you can do and what you cannot do. The court wants solid evidence about your capabilities and limitation and will usually not accept general statements, such as “I can’t do anything.”
Developing a Case Strategy
Your case might be especially complex if you have many skills that you have gained at previous jobs. The judge will want an explanation regarding all of your prior job skills. Your lawyer will address this through the testimony that he or she elicits from you at the hearing. Review your testimony ahead of time with your attorney so that you are prepared when you tell your story to the judge.
Call Our Augusta Social Security Disability Lawyer
You can reach our Augusta disability attorney from Wilkinson & Magruder, LLP at (706) 737-0771 for further information on how to determine disability.