Does Being a Liability to an Employer Boost My SSDI Claim?

Clients seeking disability benefits often tell us they were turned down for a job because the employer was concerned that their impairments could pose a risk for the company.

For example, if a job applicant is suffering from a brain injury or an autoimmune disorder that causes occasional seizures, an employer could be hesitant to hire them for fear the employee may have a seizure on the job and sue the employer for an injury that could result.

Clients often think that if they are a liability at work, and can prove it, they will qualify for benefits. If you have faced a situation like this you may wonder if this will help persuade Social Security to grant you disability benefits.

For the most part, being a liability to an employer in itself does not do much to advance a Social Security Disability claim.

The Social Security Administration (SSA) does not care if you are a “liability” and can’t be hired, because Social Security is not an unemployment program.

Instead, to be entitled to disability benefits you must prove to Social Security that the symptoms of your impairments make it impossible for you to work, even if you were to be hired.

You must also show that depending on your age, education, and work experience, there are no other types of jobs you can learn to do. In the agency’s evaluation, an employer who won’t hire you out of fear of being sued is not proof of your inability to hold a job.

The most important tools to prove you cannot work are complete medical records compiled by medical professionals which detail the symptoms of your disability, as well as enlisting the opinion of your doctor about your limitations. For more information, see our blog post,“The Secret to Winning Your Disability Case.”

This is why a disability lawyer is so useful in a disability case. We can help cut through what’s important and what’s not. The best way to improve your chances of winning Social Security Disability benefits is to be represented by a skilled disability attorney.

A U.S. Government Accounting Office study revealed that if a claimant had a representative such as an attorney when they attended their disability hearing, they were almost three times more likely to be allowed benefits than someone who had no representation at all.

The Chicago Social Security Disability lawyers at Nash Disability Law present your case to the Social Security Administration in a way that gives you the very best chance to succeed. We know how to cross-examine expert witnesses who may challenge your case. Our training and experience gives us the knowledge to prepare your case to maximize your chances for success.

We work on a contingency fee basis, which means when you work with us we don’t get paid unless you get paid.

At Nash Disability Law, we will give you a free evaluation of your disability case. The evaluation can be done over the telephone or in person at one of our convenient office locations around Chicagoland. Contact us today to discuss your situation or to schedule an appointment to meet one of our experienced Social Security Disability attorneys.