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Being Awarded Social Security Disability is based on functional capacity, but what is functional capacity?

Tuesday, March 15th, 2011

If your Social Security Disability application is reviewed by a Social Security disability examiner or an Administrative Law Judge they will use three basic criteria to determine if you are disabled. First, do you have a mental or physical condition that is substantiated through medical documentation? Second, is your condition so severe that it prevents you from performing substantial gainful activity? Third, is your mental or physical health condition expected to last for at least 12 months or result in your death?

The disability examiner will specifically use what the Social Security Administration calls the Sequential Evaluation Process to determine if you are disabled.

STEP 1: Are you working?

If a claimant is working and the Social Security Administration determines it is “substantial work” the Social Security Disability claim is automatically denied without a review of the claimant’s mental or physical health condition.

STEP 2: Do you have a severe impairment?

If a claimant’s condition is not severe and does not affect their functional ability to work the claimant is denied Social Security Disability benefits.

STEP 3: Does the impairment equal or exceed an impairment listed in the guidelines?

The Social Security Administration has a list of impairments which they consider severe and if a claimant’s condition equals or exceeds the listing the claimant is automatically awarded Social Security Disability benefits.

Now you may be curious about the question of functional capacity to perform work and how it is factored into the Social Security Disability decision. Until Step 4 of the sequential analysis, functional work capacity is not considered, but at Step 4 it is the most important consideration that the disability examiner will consider when awarding disability benefits.

STEP 4: Are you able to do your past employment?

The disability examiner will review all of the relevant jobs a claimant has performed over the past 15 years and determine if the claimant has enough “residual work capacity” to perform their past job or a similar job. If the disability examiner determines you are not substantially limited by your mental or physical health condition and you can perform past work, you will be denied Social Security Disability benefits.

STEP 5: Is there any other lighter work you can do?

The disability examiner will assess a claimant’s physical abilities which include the nature and extent of the claimant’s limitations and their ability to work a job on a continuing and regular basis. Physical limitations can include the inability to: sit, stand, walk, lift, carry, push, pull, stoop, reach, crouch or manipulate objects. The mental abilities of the claimant are also evaluated including their inability to: understand, remember, carry out instructions, respond to supervisors or adapt to a work setting.

The Social Security Administration does not decide disability based on functional capacity alone in fact, there are a variety of vocational factors which are also considered such as a claimant’s age, educational level and work history. The most important consideration for claimants, however, is not what type of disability they have been diagnosed with but whether or not their condition(s) are severe and leave them with so little residual functional capacity to work that the claimant is unable to perform substantial gainful activity.

How can I get Social Security Disability if I haven’t worked or I have not worked in a long time?

Wednesday, February 16th, 2011

Disability benefits are administered by the Federal government through two different disability programs: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The Social Security Disability Insurance program is offered to workers who have worked and paid employment taxes, earned “work credits” and are considered insured. Supplemental Security Income is paid to disabled, blind or aged claimants who have limited income and resources.

Can you be denied benefits, if you have worked but it has been a long time? You may be denied Social Security Disability Insurance if you have worked for many years, you stop working and too much time has elapsed since your last day of work. How does this happen? Workers may be insured through a certain date, which the Social Security Administration calls their DLI or date last insured. If you stop working and do not pay any more employment taxes at some point in time your date last insured will pass and you will no longer be insured.

This is a tough situation, but it happens all too often. For this reason it is important to file for Social Security Disability as soon as you become disabled with a mental or physical health condition which you believe will last for at least 12 months or may result in your death. The Social Security Administration can answer questions regarding your date last insured.

So if your date last insured has past you have several options. If you are able to return to work you may be able to earn enough work credits to qualify for Social Security Disability Insurance in the future, but if you have a serious disabling health condition this is probably not possible. Another option is to apply for Supplemental Security Income benefits.

Supplemental Security Income payments are monthly benefits paid to the aged, blind or disabled. You do not have to have earned work credits or have paid employment taxes to qualify. Supplemental Security Income recipients must be determined disabled by the Social Security Administration, and they must have limited income and resources. Income can include wages, Social Security benefits, pensions, food and shelter. Resources can include real estate, bank accounts, cash, stocks and bonds. In 2010, the Social Security Administration allows you to have no more than $2,000 in resources if you are single and $3,000 if you are married. The Social Security Administration does make exemptions for certain types of property and other resources such as one car, your primary home, life insurance of $1,500 or less, and burial plots.

So if you have not worked or if it has been several years since you have worked and your date of last insured has passed, your best option is to see if you can qualify for Supplemental Security Income benefits.

Can I work and get Social Security Disability benefits?

Wednesday, February 9th, 2011

Claimants may qualify for Supplemental Security Income or Social Security Disability Insurance working part-time and receiving a limited income, but Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) will be denied by the Social Security Administration if the SSA determines the Social Security Disability applicant is performing “substantial gainful activity”.

Substantial Gainful Activity

The Social Security Administration defines “substantial gainful activity” as doing any type of mental or physical activity which is “substantial”. Work is considered substantial if the non-blind applicant makes a gross income of $1,000 per month (for 2010), and the blind applicant makes a gross income of $1,640 per month (for 2010).

Activity or work does not have to be performed full-time to be substantial. When claimants consider “work” or “gainful activity” they might think of a full-time job that they do 40 hours per week, but activity can be gainful under the Social Security Administration’s definition if it meets any of the following Social Security Administration’s criteria:

·         Any work performed or done for pay or profit.

·         Work which normally receives pay or profit

·         Work which is intended for profit even if profit is not realized

After a claimant applies for Social Security Disability their application is sent to the disability examiner who will review their application to determine if their mental or physical health condition is severe enough to receive disability benefits. Claimants working above the pre-defined SGA level will have their Social Security Disability application denied by the Social Security Administration before it is sent to the disability examiner, and the disability examiner will not have a chance to evaluate the severity of the mental or physical health condition.

Claimants often are not healthy enough to work full-time and often seek Social Security Disability benefits for short-term or partial disability payments. Unfortunately, Social Security Disability benefits are only for claimants who have a mental or physical health condition which is expected to last for at least 12 months or result in death. Claimants who need Social Security Disability benefits should not expect to work at a level which can support themselves or their family.

The idea of substantial gainful activity is not only factored into the decision at the Social Security Disability application level and Social Security disability appeal’s process but also for every review for continuing an applicant’s Social Security Disability benefits.  Any claimant who currently receives Social Security Disability benefits and is considering returning to work in any part-time capacity should contact the Social Security Administration. Regulations and income rules can change. Returning to work and making more than the allowable income amount can jeopardize the claimant’s rights to continue receiving Social Security Disability benefits. Talk to a Social Security Disability lawyer for more information about your rights to work.

How can I avoid delays in my SSD case?

Thursday, December 23rd, 2010

If you are disabled and unable to work you have probably applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Now it is time for you to wait. One of the most common Social Security Disability questions asked by a claimant is- how long do I have to wait to receive my disability benefits and what can I do to expedite the processing of my Social Security Disability claim?

First, it is important to understand why the process to evaluate Social Security Disability claims takes so long. The Social Security Administration receives thousands of disability claims each year, and they are generally understaffed to process every claim quickly. Most of the delay in processing time however, is due to the length of time it takes for the Disability Determinations Services Office to request and receive medical records from the claimant’s medical sources.

The Social Security Administration may wait weeks or months to receive medical documents, and it may take several more weeks to evaluate the medical information and make their disability determination. What happens if the claimant fails to provide detailed or accurate information about the medical treatment they have received? What happens if the Disability Determination examiner decides they do not have adequate information to make a disability claim?

If the medical records supplied by the medical sources are insufficient the disability examiner will require the claimant to visit a Consultative Examiner or CE. The Consultative Examiner is not a government employee, and they are supposed to provide an objective analysis about the claimant’s mental or physical health condition.

If the claimant fails to provide accurate contact information for their medical records the Social Security Administration will have to spend additional time contacting the claimant or the medical information requested may be incomplete.

This leads us to the questions posed earlier. What is the most important thing a claimant can do to expedite their Social Security Disability claim?

1.      Make sure you are not working at a substantial gainful activity level. If you are working too many hours or at a “substantial” level your claim will be automatically denied.

2.      Make sure you have a disabling health condition which is expected to last at least 12 months or result in your death. Social Security Disability benefits are not given for partial or short-term disabilities.

3.      Talk to a Social Security Disability lawyer who can give you advice on whether or not you have a valid Social Security Disability claim and what information should be included in your Social Security Disability application.

4.      Seek medical care. Even if you can not afford to see a doctor regularly it is important to get some type of medical care and begin building your Social Security Disability case. Medical care may be provided at free health clinics or a small outpatient clinic. Begin building a rapport with your doctor and talking to them about your Social Security Disability claim.

5.      Review your medical records. You have the legal ability to request copies of your medical records. Many claimants are surprised by what is and is not included in their file. Hundreds of Social Security Disability claimants have files which contain medical records which are illegible. Your Social Security Disability lawyer can not present a solid Social Security Disability case if they can not read your medical records. This is something that could be evaluated and corrected early in your medical care.

If you can not work and you have a severe mental or physical health condition, do not wait to file your Social Security Disability claim. Although the condition must be severe and be expected to last 12 months, you do not have to wait 12 months to file your claim. Contact a Social Security Disability lawyer today for more information.

What Can I Get in Social Security Disability Back Pay?

Wednesday, November 17th, 2010

Social Security or SS back pay is paid to claimants who are approved for disability benefits but have waited a long time for their disability decision. How much will you receive in SS back pay? Social Security Disability payment amounts vary based on the type of disability benefits awarded, the date your disability began (also called your onset date) and the date you filed your Social Security Disability Insurance or Supplemental Security Income application.

Supplemental Security Income (SSI) is awarded to claimants who are disabled, blind or aged and have limited income and resources. Claimants awarded Supplemental Security Income benefits may receive back pay retroactively back to the date they filed their Supplemental Security Income application. Does it matter how long you have actually been disabled? No, regardless of when you became disabled, if you are applying for Supplemental Security Income, you will only receive back pay to your application date. It is very important to file your SSI application as soon as you are disabled and unable to work.

Social Security Disability Insurance (SSDI) is paid to workers who become disabled with a severe mental or physical health condition which is expected to last at least 12 months and does not allow the claimant to be engaged in substantial gainful activity. SSDI claimants are eligible to receive benefits from their onset date (established from their medical records) after a five month waiting period. Additionally, back pay for SSDI will not be paid more than 12 months before the claimant’s SSDI application date. Claimants who are disabled and unable to work with a severe mental or physical health condition should not wait to file their SSDI application. If the claimant’s condition is expected to last at least 12 months, the claimant should file right away. In some cases, waiting too long to file for SSDI will make a claimant ineligible (if they file after their date last insured or DLI).

How much back pay will you receive? The basic Supplemental Security Income amount for 2010 is the same nationwide. It is $674 for one person or $1,011 for a couple. Some states add additional money to the federal SSI payment amount. Some claimants may also have some money subtracted depending on where and with whom they live. SSI back pay is paid in 3 installments which are sent 6 months apart. This is done to help claimants remain under the resource and income thresholds.

Social Security Disability Insurance payments are made in one lump sum payment. If a claimant hired a Social Security Disability lawyer, they are paid their percentage prior to the Social Security Administration releasing the money to the claimant.

So how much can you get in SS back pay? It will depend on several factors such as your application date, the onset date of your disability and the type of disability you are eligible to receive. For questions concerning the exact amount you can receive contact the Social Security Administration.

Proving a Social Security Disability Case

Wednesday, November 10th, 2010

Claimants are often surprised that they may not be entitled to their Social Security Disability benefits even if they have contributed thousands of dollars in employment taxes over the course of their career. To receive Social Security Disability benefits it is up to you, the claimant, to prove your disabling mental or physical health condition is so severe that you are unable to work and your condition must is expected to last at least 12 months.

How can you prove you are truly disabled and unable to work? It is not easy. You must have a medically recognized condition which is supported by medical records from a valid medical source. Although alternative medicine may have grown in popularity and acceptance, the Social Security Administration does not give much credibility to diagnosis from holistic medical doctors.

Your medical records must also prove that your condition is permanent or at least expected to last 12 months and is so severe that you do not have the ability to perform substantial gainful activity. The Social Security Administration will review your mental or physical health condition to determine how it affects your daily life. If you have a mental disorder the SSA will review your social functioning, concentration, persistence and daily activities. If you are unable to live independently, maintain personal hygiene, or have a record of violence or hostility at work with frequent hospitalizations, this could be evidence of a severe mental health condition.

The most important way to prove your mental or physical health condition is to seek consistent medical care and get supporting documentation. Documentation can include: evidence of examination, XRAYS, MRIs, hospitalizations and other tests which outline your condition. Doctor’s statements of disability which document your residual functional capacity and your limitations to perform work can also be valuable evidence of disability.

Social Security Disability benefits may be denied, regardless of the severity of the condition, if the condition is not expected to last at least 12 months. Social Security Disability Insurance will also be denied if you have not worked long enough and contributed enough in taxes to qualify for Social Security Disability Insurance. Contact the Social Security Administration for more information if you are unsure of whether or not you qualify for benefits.

Social Security Disability lawyers have experience proving claimants are disabled. If you are unsure of whether or not you qualify for Social Security Disability benefits, contact a Social Security Disability lawyer for help. The Social Security Administration maintains a list of medical impairments which will automatically qualify claimants for benefits. You may, however, be able to receive Social Security Disability benefits if the Social Security Administration determines you have very little residual functional capacity to work due to your age, work experience or educational level.

Is it difficult to prove you are disabled and win a Social Security Disability claim? It can be, but good medical documentation and a professional Social Security Disability attorney can help.

Social Security Disability – are There Retroactive Benefits

Thursday, October 28th, 2010

Retroactive disability benefits are available and frequently are paid to both Supplemental Security Income and Social Security Disability Insurance claimants. Why? Because it takes the Federal government so long to process disability claims. The amount a Social Security Disability claimant is eligible to receive will vary.

Social Security Disability Insurance

Social Security Disability Insurance is paid to claimants who are mentally or physically disabled (as determined by the Social Security Administration) and are unable to work for at least 12 months. Social Security Disability Insurance applicants must also have paid Social Security taxes and earned a certain number of work credits (generally 40 credits).

Claimants who qualify for Social Security Disability Insurance may receive retroactive benefits. The amount paid is based on two things: 1) the date the claimant filed their Social Security Disability Insurance claim and 2) the date the Social Security Administration determined the claimant became disabled. This date is called the claimant’s established disability onset or EOD. The EOD is the date the Social Security Administration decides the claimant stopped performing substantial gainful employment due to their physical or mental health condition.

Social Security Disability claimants may be entitled to SSDI retroactive benefits up to 12 months retroactive to the date of their application. However, Social Security Disability payments are not paid for the claimant’s first 5 months of disability. The is called the “five-month waiting period”, and the Social Security Administration claims this helps to make sure that a claimant’s mental or physical health condition is a long-term disabling impairment.

Supplemental Security Income

Supplemental Security Income is paid to the blind, aged and disabled who have limited income and resources. Supplemental Security Income claimants do not have to be “insured” by working or paying employment taxes into the Social Security Trust Fund. Supplemental Security Income claimants may be entitled to retroactive benefits only to the date of the Supplemental Security Income application.

The bottom line for both Supplemental Security Income and Social Security Disability Insurance claimants is that the Social Security Disability process can takes months or years to complete. In most cases disability claimants can expect to receive some type of retroactive payment. Social Security Disability claimants who hire a Social Security Disability attorney will have to pay them for their services out of their retroactive payment up to a maximum amount allowed by the Social Security Administration.

Retroactive back pay for both disability programs can be substantial. Social Security Disability Insurance claimants can expect their retroactive payments to be sent in one lump sum (less disability attorney’s fees). Supplemental Security Income claimants will have their payments paid in several payments to avoid surpassing the SSI income limit.

Disability Determination for Social Security Disability Benefits

Monday, October 25th, 2010

Claimants who are working or who have a partial or short-term disability that is not expected to last at least 12 months will not qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Social Security Disability benefits, administered by the United States Federal government, are long-term disability benefits available for claimants who are completely disabled by one or more mental or physical health conditions and are unable to work for at least 12 months.

How does the Social Security Administration make their disability determination? First they will ensure each claimant meets the non-medical criteria for the applicable disability program. Claimants who have enough work credits for Social Security Disability Insurance or meet the resource and income limitations for Supplemental Security Income will have their Social Security Disability application sent to the Disability Determination Services office for further review.

The Disability Determination Services office gathers all relevant medical documentation from the claimant’s medical sources (hospitals, clinics, doctor’s statements and lab reports). Social Security Disability claimants who lack the proper medical information to prove their medical claim are sent to a Consultative Examiner for a diagnostic review. The Consultative Examiner is responsible for sending a medical report to the disability examiner for review. After the disability examiner has reviewed the claimant’s medical case file and the report from the Consultative Examiner, they will make a disability determination.

How is the disability determination made? The disability examiner uses what the Social Security Administration calls the “sequential evaluation process” to determine disability. The main points of the sequential evaluation are as follows:

  • Is the claimant engaged in substantial gainful activity? Work is considered substantial if the claimant is making a minimum amount or $1,000 per month in 2010. Work can, however, be considered substantial even if a profit is not realized. For instance, a self-employed worker may be performing substantial work even if their business operating at a loss.
  • Does the claimant have a severe mental or physical health impairment? The claimant can have one or more conditions, and the conditions will be considered in their totality. According to SSR 96-4p, claimants must have a medically determinable condition which can be substantiated by medical evidence.  The claimant’s mental or physical health condition must be expected to last 12 months, but the claimant does not have to wait 12 months to apply for Social Security Disability benefits.
  • Is the Social Security Disability claimant’s condition found in the Social Security Administration’s List of Impairments? Claimants with a mental or physical health condition which meets or exceeds a listing will be awarded benefits. Claimant’s whose condition does not meet a listing must meet the additional criteria listed below.
  • Can the Social Security Disability claimant work their past job? All work the claimant has performed within the last 15 years will be considered relevant. It is not unusual for a claimant to be unable to perform past relevant work, but they will only be awarded disability benefits if they can pass the next test.
  • Can the Social Security Disability claimant work any other jobs available in the national economy? The Social Security Administration will evaluate a claimant’s ability to be retrained for additional work based on their age, educational level and work experience. It does not matter if the claimant wants to perform the job or they could be hired, only if they have the residual mental or physical functional capacity to work.

The disability determination process is complicated, and the Social Security Administration has very specific rules and processes they must follow to make a disability decision. If you have questions regarding the disability decision process contact the Social Security Administration or a Social Security Disability lawyer for more information.

Winning your Social Security Disability Claim

Thursday, October 21st, 2010

A key to winning Social Security Disability Insurance or Supplemental Security Income is to understand how the Social Security Administration (SSA) determines you are disabled. Does it matter what your age, the types of jobs you have worked in the last 15 years or your educational level? Not if you can prove you are unable to perform substantial gainful activity or work.

Social Security Disability Insurance or Supplemental Security Income is monthly financial assistance provided by the federal government to claimants who are unable to work and support themselves. The Social Security Administration does not want to approve any claimants for benefits who they do not consider eligible and truly mentally or physically disabled.

What is a disabling health condition according to the Social Security Administration? A disabling mental or physical health condition is an impairment that is severe, does not allow the claimant to work and is expected to keep the claimant from working for at least one year or more. If you are able to perform substantial work of any type (which you are qualified to perform given your age, educational level or work history) you will not be awarded benefits.

Another way to look at it is to determine the lowest level of work you would be qualified to do, evaluate your residual functional capacity to work and determine if you could perform that job. For instance, if you are able to sit down and focus for 8 hours per day the SSA may determine you could be a security monitor, Wal-Mart greeter, ticket taker or small parts assembler. If you could be retrained to perform these unskilled (or semi-skilled), low stress and sedentary jobs the Social Security Administration will not award you SSI or SSDI benefits. You will also be denied Social Security Disability benefits if you have a severe condition but you are going to recover within one year.

Before Filing a Social Security Disability Claim

  • Make sure you have a valid Social Security Disability Claim. If you are still working, if your condition is short-term or if you have a partial disability, do not waste your time. Social Security Disability benefits are not awarded for partial disabilities unless the totality of several conditions does not allow you to work. As mentioned above, if your disabling health condition is not going to last for at least one year or if you are working too much the Social Security Administration will deny Social Security Disability benefits before evaluating the severity of your mental or physical health condition.
  • Talk to a Social Security Disability lawyer. Many disability lawyers provide free Social Security Disability screenings to evaluate your Social Security Disability claim. Social Security Disability lawyers work on a contingency fee basis and generally do not take Social Security Disability cases they do not think they have a chance at winning.
  • If you are working part-time be aware you may have difficulty receiving benefits. Part-time work can be held against a claimant, especially at the initial application or reconsideration level. Many disability examiners will see part-time work as evidence that the claimant may not have a severe physical or mental disabling health condition.
  • Make sure you are seeing a doctor. Claimants apply for Social Security Disability benefits all the time without any supporting evidence for their impairment. The Social Security Administration may accept your application and process your Social Security Disability claim but you will have to see a Consultative Examiner who may or may not provide useful information for your SSDI or SSI case. If you want to hire a Social Security Disability lawyer you must be willing to get professional medical care or most Social Security Disability lawyers will not take your case.

If you can not work due to a severe mental or physical health condition, file a Social Security Disability claim. You can file a Social Security Disability claim online, over the phone or in person at the nearest Social Security Administration office.

The Social Security Disability Five Step Sequential Evaluation Process

Wednesday, October 13th, 2010

Qualifying for Social Security Disability benefits can be a complicated process. Claimants applying for Social Security Disability Insurance (SSDI) must have enough work credits to qualify. Claimants applying for Supplemental Security Income must meet income and resource requirements. Claimants must be determined disabled and have a severe mental or physical health condition which is expected to last at least 12 months or result in the claimant’s death to qualify for both programs.

State disability determination offices will review the claimant’s Social Security Disability application and gather medical evidence from the claimant’s doctors, hospitals, clinics and any other medical facility which have treated the claimant. The disability determination center will find answers to the following questions:

  • What is the claimant’s medical condition?
  • When did the claimant’s medical condition begin (onset date)?
  • What are the mental or physical limitations caused by their mental or physical health c condition?
  • What types of treatment has the claimant received?
  • What medical tests has the claimant received?

The Social Security Disability Five Step Sequential Evaluation Process

After the Social Security Administration has gathered all of the claimant’s medical records it is time for them to make their decision. To do this the Social Security Administration uses a five-step decision making process called the Sequential Evaluation Process.

1.     Is the claimant engaged in substantial gainful activity (SGA)?

The Social Security Administration will evaluate the earning capacity of the claimant and determine if they are able to work despite their impairment. Work or “substantial gainful activity” is currently defined as making a gross income of more than $1,000 per month for 2010 (the amount varies for claimants with Social Security Disability blindness). This amount is updated periodically by the Social Security Administration.

The type or severity of the claimant’s condition is not considered if they are making too much money, in fact, in most cases if the Social Security Disability Field Office has properly evaluated the claimant’s SSD application the claimant’s application will be denied before it is forwarded to the disability determination office. If the claimant is not working at SGA level, the DDS office will proceed to step number 2.

2.     Is the claimant’s condition “severe”?

Conditions must be considered severe and be expected to last at least 12 months or result in death. Social Security Disability benefits are not awarded for partial disabilities or short-term disabilities. Severe conditions are those which significantly limit the claimant’s ability to perform basic work activities such as: walking, standing, lifting, stooping, performing simple routines, speaking, etc.

3.     Does the claimant have a mental or physical health condition which meets or equals a listing?

The Social Security Administration publishes a listing which identifies impairments by body system. Each listing describes conditions and symptoms which must be present for the DDS to consider the impairment severe. Claimants may review their condition in the List of Impairments to determine if they qualify for disability benefits. If the claimant’s condition does not meet a listing they may still qualify for benefits but they must pass the next 2 steps in the SSA sequential analysis.

4.     Can the claimant do the work they have done in the previous 15 years?

What happens if the claimant’s condition is severe but it does not meet a listing? The DDS examiner must determine if the claimant’s condition is severe enough to affect their ability to work. This is done by examining the claimant’s Residual Functional Capacity. Work history information is documented on the claimant’s work history form. DDS examiners will evaluate the work history form and analyze the activities the claimant was required to perform for jobs in the past 15 years. For example, the examiner might analyze a job and determine how much the claimant had to sit, stand, bend, twist or crawl. The examiner will compare the job requirements to the residual functional capacity of the claimant and decide if the claimant can do the work they have done given their current level of physical or mental functioning. Claimants who are unable to perform their past jobs will move on to step five.

5.     Does the claimant’s condition prevent them from performing any other type of work?

If the Social Security Administration determines the claimant can not do past relevant work due to their mental or physical impairments they will consider their claimant’s ability to be retrained for a new job. The DDS examiner will consider the residual functional capacity outlined in step four and additional vocational factors including the claimant’s age, education and work experience. Given all of these factors, the DDS examiner decides if the claimant can adjust to another type of job. Claimant’s who can not work any other type of job will be considered disabled.

Understanding the Social Security Administration’s List of Impairments, how to complete your work history forms and having your doctor document your residual functional capacity are important steps in the disability determination process. What can you do to help? Make sure to get consistent medical care for your mental or physical impairment. Develop a strong doctor/patient relationship with your primary care physician. Talk to a Social Security Disability lawyer who can answer your questions and make sure you get the Social Security Disability help you need.





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