Our Hackensack NJ Disability Attorney Discusses Preparing Your Testimony

February 25,2014
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If you have questions about Social Security disability in Hackensack NJ, our attorneys can help you prepare to testify at your disability hearing. You will need to show that you cannot work at any of the jobs that you previously held during the past 15 years and that you cannot work at any other jobs that are commonly available in the marketplace.

Employment During the Past 15 Years

First, your attorney will have you explain the type of work that you did in the easiest job that you have held in the past 15 years. You will then tell the court why you can no longer work at that job. Your lawyer will help you eliminate reasons that do not apply to Social Security in Hackensack NJ, such as the company relocating or laying off employees.

Commonly Available Jobs

Second, the court considers how much work is available in the marketplace. For example, an applicant who is 50 with a history of heavy-duty, blue-collar work and with no further education than a GED might not be able to perform even light-duty jobs that require extensive standing or lifting between 10 and 20 pounds. The Social Security judge might rule that the applicant qualifies for disability even if he or she can perform a desk job.

Hypothetical Situations and Disability Hearings

Your attorney will talk with you beforehand to prepare you to testify and to advise you regarding statements to avoid. He or she will tell you that the judge who will hear your case is an administrative law judge. The ALJ makes decisions on hypothetical situations. You should not attempt to present common sense arguments to the court since the situation is hypothetical. In other words, if you are hypothetically offered a job, can you work? Instead, let your lawyer speak for you. Some cases, especially for a person under the age of 50, are quite complex. Your attorney will list valid reasons as to why you cannot work at a desk job and direct you not to bring up other reasons that might not apply in your case. Some of those reasons that the Social Security Administration will likely reject include the following:

  • “I can’t find any desk jobs in this area.”
  • “I’ve never worked at a job like that before.”
  • “I would have to drive too far to go to work.”

Call Us for Help with Social Security in Hackensack NJ

The attorneys at Hermann Law Group, PLLC can discuss testifying with you about Social Security in Hackensack NJ so that you know what to expect in court. Call us at (914) 286-3030.