Disability Law Claims Blog

Will it be determined that you could perform your past work?

In evaluating whether a claimant could perform his past work, the work must first be determined to have met the monetary requirement of substantial gainful activity.  After it is determined that substantial gainful activity was achieved, the court can then consider whether the claimant has the ability to do his past work when all medical conditions are considered, and therefore make a decision as to whether the claimant is disabled.  Roberts v. Apfel, 27 F.Supp.2d 1295, 1298 (N.D.Ala. 1998). The record indicates that the claimant made under substantial gainful activity of about $1,000 for 3 years from 2000 through 2006.  These yearly incomes are far from the monetary requirements of substantial gainful activity.

The Law Office of LaVan & Neidenberg has helped thousands of claimants secure their Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency.

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.