6 WAYS TO WIN SOCIAL SECURITY DISABILITY
It's not a hit song, but there must be 50 ways to win disability. Here, I will discuss 6 of the ways.
# 1. You can win by meeting a Listing. This is the most difficult way for most claimants because the listings are nearly impossible to meet. But if you're unfortunate enough to have a very devastating disease, this may be possible.
# 2. You can win by proving that you can no longer do any of your past work if you are age 50 or over and meet the other requirements. This uses the "grid rules" or medical-vocational allowances to approve your claim. It doesn't work for claimants under age 50, however.
# 3. You may win by proving that your symptoms are so severe that you can't possibly perform even sedentary, unskilled work. You would need a severe restriction in such basic work functions as sitting, reaching, and concentration for this.
# 4. You may win by showing mental or psychological symptoms that are severe enough to impair even basic work functions. Work has mental requirements as well as exertional requirements. If you can show that you are not frequently unable to concentrate, finish tasks, follow instructions, or get along appropriately with co-workers and supervisors--you may be disabled on psychological factors.
#5. You may win by showing that you would be absent or off task an excessive amount of time because of your health related problems. For example, an individual who would miss 3 or 4 days of work per month due to an impairment is disabled. A person who would be off task during a substantial portion of an 8-hour day is disabled. If you require extra rest periods or breaks to complete a full 8-hour workday, you may be disabled. If you require other special accommodations in order to work an 8-hour day, 5 days per week you may be disabled. In short, if you are unable to persist for a full 8-hour workday and do this 5 days a week on a regular and recurring basis, you may be disabled.
#6. You may win by proving that you can't sustain the postural requirements of work. Postural requirements of work may include: kneeling, crouching, crawling, reaching, bending, climbing ramps or stairs, or balancing, etc. Any number of medical impairments may restrict these abilities. A person with vertigo, for example, may not be able to balance, use ramps or stairs or even stand for any length of time. Different types of work require different postural abilities. For example, a receptionist doesn't have to balance, stand, stoop or crawl as much as a construction worker.
Which type of impairment or limitation should you focus on? The answer is, all of them that apply to you. Many people have both exertional, postural and mental restrictions that impact their ability to work. Social Security should consider all of your limitations when judging whether you are able to sustain gainful employment.
However, it's up to the claimant to present the medical evidence needed to determine each impairment. It isn't enough to allege that you can't stand, stoop, sit, bend, reach or balance. There must be medical evidence to support the allegations. The objective medical evidence will either support the claims or it won't. If a claimant has an MRI that shows severe spinal stenosis, herniated discs and sciatic nerve impingement (for example), it's a reasonable conclusion that he/she can't stand, walk, bend or lift a great deal.
The claimant should be sure Social Security has all of their medical records and doctor's statements prior to a decision. You don't want your claim denied because, "There isn't enough evidence to support your claim of disability," something we see quite often.
# 1. You can win by meeting a Listing. This is the most difficult way for most claimants because the listings are nearly impossible to meet. But if you're unfortunate enough to have a very devastating disease, this may be possible.
# 2. You can win by proving that you can no longer do any of your past work if you are age 50 or over and meet the other requirements. This uses the "grid rules" or medical-vocational allowances to approve your claim. It doesn't work for claimants under age 50, however.
# 3. You may win by proving that your symptoms are so severe that you can't possibly perform even sedentary, unskilled work. You would need a severe restriction in such basic work functions as sitting, reaching, and concentration for this.
# 4. You may win by showing mental or psychological symptoms that are severe enough to impair even basic work functions. Work has mental requirements as well as exertional requirements. If you can show that you are not frequently unable to concentrate, finish tasks, follow instructions, or get along appropriately with co-workers and supervisors--you may be disabled on psychological factors.
#5. You may win by showing that you would be absent or off task an excessive amount of time because of your health related problems. For example, an individual who would miss 3 or 4 days of work per month due to an impairment is disabled. A person who would be off task during a substantial portion of an 8-hour day is disabled. If you require extra rest periods or breaks to complete a full 8-hour workday, you may be disabled. If you require other special accommodations in order to work an 8-hour day, 5 days per week you may be disabled. In short, if you are unable to persist for a full 8-hour workday and do this 5 days a week on a regular and recurring basis, you may be disabled.
#6. You may win by proving that you can't sustain the postural requirements of work. Postural requirements of work may include: kneeling, crouching, crawling, reaching, bending, climbing ramps or stairs, or balancing, etc. Any number of medical impairments may restrict these abilities. A person with vertigo, for example, may not be able to balance, use ramps or stairs or even stand for any length of time. Different types of work require different postural abilities. For example, a receptionist doesn't have to balance, stand, stoop or crawl as much as a construction worker.
Which type of impairment or limitation should you focus on? The answer is, all of them that apply to you. Many people have both exertional, postural and mental restrictions that impact their ability to work. Social Security should consider all of your limitations when judging whether you are able to sustain gainful employment.
However, it's up to the claimant to present the medical evidence needed to determine each impairment. It isn't enough to allege that you can't stand, stoop, sit, bend, reach or balance. There must be medical evidence to support the allegations. The objective medical evidence will either support the claims or it won't. If a claimant has an MRI that shows severe spinal stenosis, herniated discs and sciatic nerve impingement (for example), it's a reasonable conclusion that he/she can't stand, walk, bend or lift a great deal.
The claimant should be sure Social Security has all of their medical records and doctor's statements prior to a decision. You don't want your claim denied because, "There isn't enough evidence to support your claim of disability," something we see quite often.
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