A Jacksonville Disability Lawyer Gives Examples of Claimants Who Didn’t Have to Complete the Sequential Process
Claimant 1
The claimant will be found disabled if there is a severe impairment that can be determined medically; is 55-years-old or above; is educated up to the eleventh grade or lower; and has no prior work experience that is considered relevant.
Claimant 2
The claimant will be found disabled if he or she has been educated no further than the sixth grade; worked for at least 35 years at difficult and unskilled labor; and is not able to do the same work that was done previously.
Claimant 3
The claimant will be found disabled if he or she is not working at a level of substantial gainful activity; has worked for 30 years or longer in an unskilled position or is semi-skilled but cannot transfer that experience; is 60-years-old or older and close to retirement; and is educated in a limited way.
People Who Complete the Sequential Process Can Still Be Denied Disability Benefits
A claimant might be denied benefits if the sequential process was completed and has received a finding of being disabled. This will occur in two ways:
- If you don’t adhere to the treatment as has been medically recommended. This can only happen after a finding of disability. The treatment must be sufficient to return the claimant to work; and
- If there is an addiction at play to substances like alcohol or drugs. The SSA will examine your case to see if you would still be found disabled if the drug and alcohol use ceased.
Contact an Experienced Jacksonville Disability Attorney
If you have questions about the sequential evaluation process, a Jacksonville disability lawyer can help. Call The Law Offices of Lori A. Gaglione at 904-249-1440 today.
