SSDRC




What is the Application Process for Social Security Disability and SSI?

How do you Win Benefits under Social Security Disability or SSI?

If I am determined disabled, how far back will Social Security pay benefits?

How do you prove your disability case if you have a mental condition?

What Can I Do to Improve My Chances of Winning Disability Benefits

Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits

How to File for Disability - Tips for Filing

If You Get Approved For SSDI Will You Also Get Medicare?

How much does a Social Security disability attorney get paid?

Social Security Disability SSI Criteria and the Evaluation Process

How long does it take to be approved for SSI or Social Security disability?

What do you Need to Prove to Qualify for Disability Benefits?

Social Security Disability SSI and Fibromyalgia

Social Security Disability SSI and Degenerative Disc Disease

Can I Qualify For Disability and Receive Benefits based on Depression?

Answers to questions about SSD and SSI disability

What Disabilities Qualify for SSI and Social Security Disability Benefits?

Social Security Disability Status

Social Security Disability Tips — how a claim gets worked on

Social Security Disability, SSI Disability - Terms, Definitions, Concepts


What does Social Security Disability Need to Know about your Work History and Jobs?


How to prove you are disabled
and win disability benefits


 
When a disability adjudicator (the decision maker on your social security disability or SSI claim - at the lower levels, this would be a disability examiner and at the hearing level this would be an administrative law judge) reviews a disability case, they need to determine several key aspects regarding the claim.

1. What is the claimant presently capable of doing?

2. What did the claimant's past work require them to do?

3. Does the claimant have skills, training, and education that would allow to do work other than what they previously did?

Regarding the first item, what the claimant is capable of doing is known as their residual functional capacity, or RFC. This is basically a rating that is assigned to a case. Examples of ratings are A) less than sedentary, B) Sedentary, C) Light, D) Medium, and E) Heavy.

These ratings essentially categorize the claimant in terms of what kind of activity they are currently able to engage in, based on the information contained in their medical records. For example, a person who has a medium RFC rating would be considered to have the ability to lift 50 pound occasionally and 25 pounds frequently during the course of a normal work day. A person who has a light RFC rating would be considered to have the ability to lift 10 pounds frequently and 20 pounds occasionally during the course of a normal work day.

The ability to lift, of course, is not the only factor that determines what type of rating a person will be given by a disability examiner or judge. Practically every single human capability is taken into consideration when a rating is determined and given to a claimant. For instance, the ability to stoop, crouch, grasp, employ dexterous hand movements, see, hear, smell, reach overhead, tolerate heights (back problems and vertigo, for example, would interfere with this), feel, etc, etc.

In addition to physical capabilities, mental capabilities are also rated if the claimant is filing their claim on the basis of a mental impairment, or if it is learned during the evaluation of the claim that the claimant has at least one mental impairment that may be cognitive or psychiatric in nature.

An MRFC rating (mental residual functional capacity) would give consideration to the individual's ability to sustain attention and concentration while on the job, to persist in tasks, to learn new information, to recall and use previously learned information, to be able to adhere to a defined work schedule, to interact appropriately with other co-workers and supervisors (and perhaps clients or customers), and to be able to operate in a work setting without the need for special supervision.

Regarding the second item (what did the claimant' past work require of them?), this is the purpose of gathering full and detailed information from the claimant regarding their past work history. The disability examiner will need to properly identify each job from the claimant's relevant work history. This means potentially each job that was performed by the claimant in the fifteen year period prior to their filing for disability.

We say "potentially" because for the job to be relevant it must also be A) one in which the claimant had sufficient time to learn the skills of the job (so, in most cases, a job that was quit afer one week would not be considered relevant) and B) one in which the claimant was able to earn a livable wage while doing the job (known to the social security administration as SGA, or substantial gainful activity).

Continued at: Will Social Security Decide That I can go Back to My Old Job?















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Topics and Questions


  • What is a disability according to the Social Security Administration?

  • Will Social Security deny my disability claim if I am working ?

  • What If you intended an appeal of your Social Security Disability claim but missed the deadline?

  • How can you speed up a Social Security Disability case?

  • Applying for disability benefits in Indiana

  • Can a Congressional Inquiry Really Help Your Disability Case?

  • What Will a Disability Lawyer Do to Win a Social Security Case?

  • How long does it take to get an answer on a Social Security Reconsideration Appeal?

  • Social Security Disability Denial, Does It Matter If I Get Denied On Reconsideration?

  • Getting a Social Security Disability Determination After Seeing a Psychologist at a Mental Evaluation

  • How far back are Social Security disability benefits awarded on an appeal?

  • Approved for Disability but Medicare being terminated?

  • Endometriosis and Filing for Disability

  • Has my Disability Claim Been Approved?

  • What Happens During A Social Security Disability Interview?

  • How to File for Social Security Disability or SSI Benefits

  • What is the Social Security Disability List of Impairments?

  • How do I request a social security disability hearing - How do I file?

  • Why does it take so long for social security to get medical records?

  • How does Social Security Disability Decide if you can Work or Not?

  • Can Social Security Turn You Down If You Can Do Your Past Work?

  • Social Security Disability Appeal Deadlines Are Always 60 Days

  • Request for a Disability Hearing

  • How Long Do I Get To Keep My Social Security Disability Benefits?

  • How Much Income Can A Person Earn If He Draws Social Security Disability?

  • Is Bipolar Disorder a disability according to Social Security?

  • Social Security Disability SSI and ADHD Attention Deficit Hyperactivity Disorder

  • Schizophrenia and Applying for Social Security Disability SSI Benefits

  • The non-medical Disability Requirements for SSD and SSI

  • Working and Disability - Are You Allowed to Work While Receiving Social Security Disability or SSI?

  • Am I Eligible For Social Security Disability?

  • How Quickly must you file an Appeal if a Disability Claim is Denied?

  • How Disabled Must You be to get Social Security Disability Approved?

  • How does Social Security Disability Representation work?

  • The Psychologist Exam for Social Security Disability and SSI Claims

  • Applying for disability benefits in Rhode Island

  • What Happens If You Miss Your Social Security Disability Application Appointment?

  • How Does A Social Security Disability Examiner Work to Determine a Person’s State of Health?

  • Enteritis and Filing for Disability

  • Hiring a Qualified Disability Lawyer in New Mexico

  • Can my Social Security Disability or SSI benefits be stopped or cutoff ?

  • What are Medical Experts at Social Security disability hearings?
























    SSD and SSI are Federal Programs

    The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

    Recent approval and denial statistics for various states can be viewed here:

    Social Security Disability, SSI Approval and Denial Statistics by state

    Special Section: Disability Lawyers and unnecessary claim denials