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  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: Physicians Issues and Answers

What about a claimant’s work background, what will the judge consider?

The judge will consider the last grade the Claimant completed and whether the Claimant has past relevant work, work that was done full time for more than three months at a time for which the claimant was paid.

The judge will consider whether the Claimant was last employed and how the work was performed by the Claimant at skilled, semi-skilled, unskilled work, and whether the work was done by the Claimant at the sedentary, light, medium or heavy exertional level. The judge will also consider whether the claimant’s skills are transferable, or are not a material factor in the determination of the claimant’s disability.

Ultimately, the judge must conclude that as of the date claimed by the Claimant as the onset of the Claimant’s disability, the Claimant was no longer able to perform the regular tasks of the Claimant’s previous occupation.  Unfortunately, the analysis does not end there.