Posted by Louis B. Lusk
Atlanta Social Security disability attorney Louis B. Lusk is sometimes asked why the a hearing decision by an administrative law judge is more likely to be favorable than the state’s earlier determination of a disability claim. When an administrative law judge receives your case on appeal of a denial from the state agency, they look at more things in order to determine your case’s outcome. At the state agency level, by contrast, the person deciding on whether or not to grant your disability claim simply looks at your file to make their decision on whether or not your disability prevents you from being able to work.
If you are under age 50, the state agency may deny your claim if your disability does not meet the severity requirements of the state’s Listing of Impairments. These impairment listings apply to numerous different illnesses, and they are criteria that are used to determine how severe your disability is and whether it limits you to the point you are unable to work.
Another way in which you may still be approved for your disability claim is if your ability to do the same type of work you have done previously or to change to a new job is severely limited by your disability. In order to determine whether your disability limits your ability to do so, the state agency will consider your age, level of education, your ability to do certain types of work activities and your work experience.
At your hearing, your administrative law judge will look at more factors to determine your residual functional capacity. They will also consider how credible you are and are more flexible than state agencies.
If you plan to file a disability claim, you may need the help of an Atlanta Social Security disability attorney. An attorney may be able to maximize your chances for getting your disability claim approved. To contact an Atlanta Social Security disability attorney at the Law Office of Louis B. Lusk, call (404) 250-7000.