How to Determine Your Disability Status

Jacksonville social security disability attorneyIf you have a disability case pending and you want to know how your status is determined, a Jacksonville social security disability attorney can guide you through the process. When determining disability status, the rules are most concerned with your physical ability to do the following:
  • Stand
  • Sit
  • Walk
  • Bend
  • Lift
  • Work with your hands
Mental impairments are more complicated to determine. If you are unable to do certain kinds of work, your attorney will look at the rules in your jurisdiction and determine what you need to prove in order to win your case. There are different rules based on your age.

Under Age 50

You must prove that you are unable to perform at an easy sit-down job or a job where you are allowed to alternate sitting and standing. You must prove this, even if you are not going to be hired anyway.

Age 50-54

You have to prove you cannot do light work. Light work consists of lifting up to 20 pounds and being on your feet most of the day. Many desk jobs fit this qualification.

Age 55 and Older

You must prove you cannot do “medium” work, which consists of frequently lifting 25-50 pounds, and being on your feet for most of the day. At this age, you can be capable of doing light work and still be found disabled. Your lawyer must prove what you can’t do and also what you are able to do. Claiming that you can’t do anything will make the judge suspicious. If your prior jobs involved knowing many skills, you will have to explain them and explain what you can and cannot do anymore. A Jacksonville social security disability attorney will prove this through your testimony, and how you respond to questions from both your attorney and the judge. Be thorough in your answers, and know your lawyer’s questions in advance so you appear knowledgeable about your condition. For more information on how your disability status is determined in court, contact Jacksonville social security disability attorney John Fagan at 904-278-1000.  

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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