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Prior Work Record

By Gordon Gates on July 7, 2008
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One of the items an administrative law judge may consider when deciding your disability case is whether or not you were steadlily employed prior to applying for disability. All else being equal, a disability claimant with a twenty year work record tends to be looked at more favorably than a person with the same impairments who has never had steady work.

Some judges place great weight on this issue. I recently read an ALJ decision that said the following:

In this instance, the claimant has a poor work record. The claimant’s work reveals an individual who was chronically underemployed or unemployed. A claimant with a good work record is entitled to substantial credibility in assessing the severity of pain. The converse is also true, that a poor or nonexistent work record permits a rebuttable inference that the alleged claims of severe disabling pain and marked restriction of function are not credible. The claimant’s poor work record permits the inference that the claimant does not possess a strong work ethic, and is not entitled to the favorable inference those who possess a commendable work ethic are entitled to receive.

Ouch.

Now, the judge who denied this particular claim will grant a claim from the bench when the claimant is highly motivated to work. I’ve seen it.

Other judges do not put so much weight on the work record. So you have to know your judge – a recurring theme of mine, if you haven’t noticed.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Posted in:
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  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

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