Sacramento Disabling Injury Lawyers
Many people who are disabled find that they are unable to perform their current duties and are no longer able to do the same type of jobs. What if, however, they received job retraining? What if they tried a different type of occupation? Would that help or hurt their chances of receiving Social Security disability (SSD) benefits?
At Milam Law, we know that this is a common question that our lawyers receive from time to time. In many cases, we advise our clients to participate in job retraining programs, if they are able to do so. It frequently happens that the approval or denial of a benefits claim comes down to the issue of whether a person could or could not perform some different kind of work than jobs they had in the past. As with other areas of work or work training, after the onset of disability, it is critical that an attorney analyze your particular set of facts, including your age, education and type of disabilities. After that, it can usually be determined whether retraining would help or hurt your claim.
At Milam Law, we try to help you get retraining, education, and whatever assistance that can benefit you and your employability, for whenever you can return to work. But we do this using the litmus of how it will impact your Social Security case. Generally speaking, if you try to retrain and you are unable to do so, for physical or mental reasons, this helps your Social Security claim. It confirms your motivation to work, but shows your incapacity to do so. And, if you are able to retrain AND get a job, all the better, regardless of the claim (and there may be the "closed period" available to you that is discussed previously). Yet, there are many issues to be reviewed and discussed in many of these types of cases.
Finally, although attorneys can refer, on occasion, clients to rehabilitation and training sources, there is not a great deal of such services available to most clients, unless through the state department of rehabilitation, unless you are involved also in a workers' compensation case. Social Security does NOT retrain anyone, either before or after a victory.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security disability claims and denials.
Modesto Job Retraining Attorneys
By participating in a job retraining program, you may be able to show that you are unable to perform any type of regular job, not only your own, which would help your Social Security case. Examinations and testing are often done for evaluating work capacities, both mentally and physically, and these are helpful in addressing your claim. They are primarily done to determine what kind of retraining might be suitable. Often, mental health and learning capacity tests done for rehabilitation purposes can be very helpful to a Social Security claim as well.
People often try to better themselves, or their resumes, with additional educational training. Similar rules apply for school as do for rehabilitation, generally. The tests done for reading and writing, and more, can be used to help present certain aspects of your disability claim. In fact, if you had problems in your childhood education, you should immediately try to get any and all of these records from the school, or any family member who may have kept them.
The more you are at school and rehabilitation places, the more the Social Security Administration (SSA) can hold that out to be commensurate with work. For example, if you have 15 units or hours of classes, and spend 15 hours or more with homework, this can be considered as tantamount to full-time work. So, whether for rehab or school purposes, any extra help you get due to your disability should be documented in writing for purposes of your claim.
If you find out you are able to work, it is likely in your best interest to participate in the rehabilitation, since you will make more money through employment than through disability benefits. In either case, it is recommended, when possible.
Contact Milam Law to Schedule an Appointment
At Milam Law, we offer free, initial consultations. For more information about job retraining and disability claims, contact us at one of our offices in Fresno, Sacramento or Modesto. Schedule an appointment by calling us toll free at 877-840-3508.
