Archive for Social Security Disability

Social Security Disability and Arthritis

May 19th, 2013 by Sharon Christie

I am often asked whether having a certain medical condition qualifies a person for Social Security disability benefits. My answer is always the same: It depends on how that condition affects you. The Social Security Administration (“SSA”) has very specific rules regarding this, so it is important that you work with an experienced disability lawyer to determine if you might be eligible for benefits.

According to SSA regulations, if you have arthritis or joint dysfunction and cannot “ambulate effectively” you may be considered disabled under the musculoskeletal listings. The phrase “ambulate effectively” is a legal term that is specifically defined under SSA regulations. It means that you have an extreme limitation in your ability to walk. A little difficulty walking is not enough to prevent you from ambulating effectively. You must have an impairment that seriously interferes with your ability to independently initiate, sustain, or complete activities.

SSA regulations define “ambulate effectively” as being capable of sustaining a reasonable walking pace over a sufficient distance to be able to carry out activities of daily living and having the ability to travel without companion assistance to and from a place of employment or school. People who can “ambulate effectively” can walk without the use of a cane, walker or other hand-held assistive device.

If you fall into any of the following categories, you may not be able to ambulate effectively:  Read More→

Categories : Arthritis, Social Security Disability
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Exceptions to Social Security’s Sequential Evaluation Process

May 15th, 2013 by Sharon Christie

While the vast majority of Social Security disability claimants will try to qualify under the normal Five-Step Sequential Evaluation Process, there are three exceptions that allow people who meet very specific criteria to also qualify as disabled and receive benefits. If you fit one of these three special medical-vocational profiles, your case may be evaluated outside of the Sequential Evaluation process.

Profile #1:  Read More→

Categories : Social Security Disability, SSA evaluation process
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Your Testimony About Pain Can Help You Win Your Social Security Disability Case

May 9th, 2013 by Sharon Christie

Your ability to provide a persuasive description of your symptoms will play a decisive role in determining the outcome of your Social Security disability case. In particular, it is important that you describe in detail the pain you are suffering. Here are some things to consider:

Description of the Pain:

  • What is the nature of your pain? Where do you feel it?
  • What incident led to this pain?
  • How long have you felt the pain?
  • Did the pain ever disappear for a long time? If so, how long? What made it go away?
  • Does the pain restrict your ability to move the affected areas?
  • Is the quality of the pain always the same or is it sometimes different? If so, how and when is it different?
  • If we were to use a ten-point pain scale, what would be the rank of your pain?
  • What makes your pain worse? (examples: movement, environmental factors, stress)
  • If the pain shifts throughout the body, how and where does it travel? How often?
  • Do you have other symptoms connected with this pain, such as redness, swelling, hot flashes, stiffness, muscle weakness, rapid weight loss?

Treatment for the Pain:  Read More→

Categories : Disability Hearing, Social Security Disability
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The Social Security Administration Can Recognize Diabetes as a Disability

May 6th, 2013 by Sharon Christie

Recognizing the symptoms of Diabetes

Diabetes is a metabolic disease which results in high blood sugar. Usually, it is caused by some problem with the body’s ability to make and use insulin, the hormone used by the body to regulate the metabolism of sugar in the body. A diabetic either does not produce enough insulin (type 1 diabetes) or fails to efficiently utilize insulin (type 2 diabetes). The Social Security Administration does recognize diabetes as a disability if the effects of diabetes create limitations that significantly interfere with someone’s ability to work.

Some of the more common disabling effect of diabetes are:  Read More→

Categories : Diabetes, Social Security Disability
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How does Social Security Evaluate a Disability Case?

May 2nd, 2013 by Sharon Christie

The Social Security Administration (SSA) has developed two sets of regulations to assess the numerous claims for Social Security disability benefits that it receives every year.

Listing of Impairments

One of the regulations the SSA has created is a Listing of Impairments, which is comprised of common physical and mental impairments. If the claimant meets the requirements of a listed impairment, he or she is said to “meet the Listing” and will qualify for Social Security disability benefits regardless of whether they can engaged in past relevant work.

However, if the claimant does not meet any of the Listings’ exact specifications, he or she can still be found disabled under the Listings if their Social Security disability attorney can successfully prove that their disability is as severe as a particular impairment in the Listing of Impairments. The claimant is then said to “equal the Listing.”

Medical-Vocational Guidelines

Another regulation created by the SSA is the Medical-Vocational Guidelines, which are used in cases where the claimant cannot be found disabled according to the standards of the Listing of Impairments but where the claimant’s Social Security disability attorney has successfully proven that the claimant cannot perform any past relevant work. The Medical-Vocational Guidelines only apply to disabling conditions.

Categories : Social Security Disability, Social Security Disability Applications, SSA evaluation process
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Social Security Disability Judges Fight Quotas

April 29th, 2013 by Sharon Christie

An article in the Baltimore Sun, http://www.baltimoresun.com/news/maryland/bs-md-social-security-leadership-20130428,0,5576383.story, describes the federal lawsuit recently filed on behalf of the nation’s 1400 Social Security disability judges in protest over the number of cases they are expected to decide each year. The lawsuit claims that the judges are under pressure to decide up to 700 cases per year, leading to poor decisions. As a lawyer who helps clients get Social Security disability benefits I can tell you that this is a real problem all the way around.

Baby boomers in the workforce are in their 50’s and 60’s, the largest age group for disabling medical conditions. These demographics predicted a sharp increase in Social Security disability claims, and that is exactly what has happened. The process has slowed to a crawl. For most people, it takes at least a year to get to the point where you can ask for a hearing with a judge, and then it takes another year to actually have the hearing. This is a tremendous hardship for someone who can no longer work and needs disability benefits. The backlog of cases nationwide waiting for a hearing is over 700,000! Read More→

Categories : Disability Hearing, Social Security Disability
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Why Was My Claim for Social Security Disability Benefits Denied?

April 29th, 2013 by Sharon Christie

I hear that question a lot! As an experienced Social Security disability lawyer, I can tell you that many legitimate disability claims are denied at least once, and frequently twice. Being denied for benefits is a disheartening experience, since it feels like the Social Security Administration is telling you that your pain and suffering does not matter.  As a result, you may be tempted to give up.  However, if you meet the definition of disabled, giving up is the worst thing you can do.

Your Odds of Getting Benefits on Appeal Are High

In fact, around two-thirds of all applications for Social Security disability benefits are initially denied.  A great many of them are legitimate claims, and if a case can reach the administrative hearing level of the appeals process, the odds of ultimately receiving benefits is much better. Why? Because the Administrative Law Judge has all of the medical evidence in the file plus the claimant. The judge can question the claimant directly about why he cannot work and how his condition limits day-to-day activities.

This begs the question, of course, as to why so many denials are handed out in the first place?   Read More→

Categories : Social Security Disability, Social Security Disability Applications
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How Does Your Work Experience Affect Your Disability Claim?

April 25th, 2013 by Sharon Christie

One aspect of a Social Security disability claim is proving that you can no longer perform “past relevant work.”  What exactly does that mean?

Here is what Social Security says: “We consider that your work experience applies … when it was done within the last 15 years, lasted long enough for you to learn to do it, and was substantial gainful activity.“

To show that you performed this work you will be asked many details about your job(s) in that span of time, meaning in the last 15 years that you worked.  You should expect to be asked for many details related to these experiences. You will even need to put together a work history record with your employers’ names, your dates of employment, job titles and duties, and whether the jobs were part time or full time.

  • Did you learn on the job to gain the skills needed?
  • How much did you make?
  • Why did you leave?
  • Was it due to your disability?
  • Did you miss work because of your impairment or have to change or reduce hours?
  • An important question that your Social Security disability attorney will ask is: Why can’t you do the job anymore?

Functional activities

Social Security will ask for specific information about each job.  Give details about your exertion levels and work environment. What was the workplace climate—describe temperature, humidity, noise levels, odors, fumes, hazards, etc.

  • Did you work with machinery?
  • Was heavy lifting required?
  • What was the average weight you lifted and carried?
  • What did you lift and how often?
  • How far was it carried?
  • In addition to the average, what about the heaviest items lifted/carried?
  • What were those items and how often and how far did you lift/carry them?
  • Did your work entail bending, crawling, climbing, balancing, etc.?
  • Did you work with your hands?
  • What about sitting, standing, and walking during the work day?
  • How much time was spent doing those things?
  • Were you allowed to choose when to sit, stand or walk?

Skill and Stress Levels

Additional information about your relevant work includes how long it took to learn; the tools, equipment and machines you used; and technical knowledge and skills.

  • Did you write any reports?
  • Did you make independent judgments or decisions?
  • Were you a supervisor? (If so, how many people were under you? Did you evaluate, hire or fire people?)

Stress is an important factor in work.

  • Was your job stressful?
  • Were you pressed to perform fast, precise, complex work or under deadline?
  • Did you deal with customers or the public?
  • Were supervisors or managers critical?
  • Was the work monotonous?
  • If you were full time, was it difficult to work a full day?

The Social Security Administration will need to review all of the details of your relevant work in determining your eligibility for disability benefits. Don’t go it alone.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims.  

Categories : Disability Hearing, Social Security Disability
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Medical History and Your Disability Case Hearing

April 22nd, 2013 by Sharon Christie

Most of the information about your medical history comes from the medical records from health care providers. The administrative law judge in your case will read your medical records and take careful notes about what to ask you during your hearing. Your hearing will not be spent going over details that are already documented. However, the judge will ask about your long term or ongoing health status.

To be eligible for benefits, you must be disabled for 12 months; the focus is not on the peaks and valleys or major ups and downs of your impairment, but rather the long-term plateau. That is also documented in your medical records.

Testimony fills in gaps

The hearing is your opportunity to fill in details if your medical records don’t thoroughly cover your medical history or if the nature of your case requires more testimony. For instance, Read More→

Categories : Disability Hearing, Social Security Disability
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What information does Social Security need from my doctor for my disability case?

April 19th, 2013 by Sharon Christie

The Social Security Administration (SSA) wants information from your treating doctor about your conditions and how they affect you.  The SSA requires detailed information about a claimant’s capacity for doing work or work-related activities. Some of this information is in your medical records.  For our clients we also ask the treating health care provider (doctor, nurse practitioner, therapist, etc.) for additional information about the specific limitations our clients have that will affect their ability to work.

Sometimes we hear this from clients: “My doctor believes that almost everyone, except those truly bed-ridden, should be able to do some kind of work, even part-time or with the help of assistive devices such as a wheelchair. Should I be worried that my doctor will share this with the SSA and hurt my chances at receiving benefits?”

Many doctors have this opinion. It is common and not surprising, and it provides a useful perspective that may provide the sort of information the SSA needs. It is OK for your doctor to say that he thinks you are limited to part-time work or need special accommodations such as a flexible work schedule or extra work breaks, so long as your doctor clearly explains this to the SSA.

Remember that the standard for disability is being able to work 8 hours a day, 5 days a week.  So, the ability to do part time work or work that requires accommodations that most employers cannot provide does not meet that standard.  

Categories : Disability Hearing, Social Security Disability
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