5 More Bad Answers to the Crucial Question the ALJ will ask: “Why Can’t You Work?”

Several years ago (my how time flies) I presented a post entitled “Top Five Bad Answers to Question: WHY CAN’T YOU WORK?”.  I thought I would do another post of 5 more, so take a look at that old post in conjunction with these additional statements that I have heard from prospective clients in response to that all important question in social security disability:  “Why Can’t you Work”:  

1. “I can’t find a job that makes as much money as the old job I can no longer do”

Social security disability requires inability to do any work. It does not matter how much the work pays.  This is a very common problem in today’s economy, as many workers are being laid off, and finding that high paying job is gone forever.

2. “My wife told me she doesn’t want me suffering through work like I have been doing”

It can be very hard for spouses and loved ones to see us struggling with a health problem and having to continue to work.  Many Texas clients have reported to me over the years that their sympathetic spouse encougaged, or even demanded, that they quit work, or not seek employment knowing the hardships.  This fact (that a loved one does not want you to continue working due to your health) may indeed reflect a reality that you are in fact disabled and unable to work.  It is not, however, persuasive  proof of inability to work but rather proof of having sympathetic and kind loved ones.

3. “No one will hire me because of my age”  Age discrimination is real, there is no question about it.  But it is not a basis for social security disability – pure and simple.

4. “I don’t think that I am safe to drive”  Inability to drive is not a basic for social security disability benefits.  The reason you are unable to work, however, may be supportive of an inability to work.  What needs to be presented is how that symptom or condition that keeps you from driving would effect your job performance at the job, regardless of how you got to the job site.

5. ” No one will hire me because I have been to jail”.   Like age discrimination, discrimination against those with a criminal record is all too real.  It is not, however, a basis for social security disability benefits.

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