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Home :: FAQ :: Physicians Issues and Answers

What generally does the court consider in evaluating a case?

The judge will consider when a Claimant was born and his or her years of age,  education that may either consists of  a high school graduate,  less than high school education and whether the claimant is literate, or illiterate in English and  age at the time the present claim was filed.  The judge will also consider the claimant’s RFC and whether a claimant has special education or training or schooling that would create skills or learning that could be used by the claimant in another occupation within his or her RFC.  The judge will also consider whether the claimant has a consistent or inconsistent past earnings history.   An insignificant earnings history, unless otherwise adequately explained is somewhat detrimental to a finding of disabled in a disability case.

The judge will also consider whether the claimant has or has not engaged in substantial gainful activity since the claimant’s alleged onset date, presumably the date upon which the claimant stopped work.