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Can I work and get Social Security Disability benefits?

Tuesday, October 12th, 2010

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.

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Will Social Security Administration Award Me Disability if I Have Not Been to The Doctor?

Monday, October 11th, 2010

The Social Security Administration will not grant Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income SSI) without objective medical evidence which substantiates a claimant is mentally or physically disabled and unable to work. In fact, the Social Security Administration would like to have at least 12 months of medical records and specifically, medical information for the last three months.

Does this mean claimants who do not have recent medical records should not apply for SSDI or SSI disability benefits? No, if a claimant is unable to work due to a mental or physical health condition, their condition is expected to last at least 12 months (or result in death) and they can not work, a claimant should apply for Social Security Disability benefits as soon as possible. The Social Security Administration will be required to send the claimant to consultative examinations to get physical or mental medical information to make their disability determination.

The purpose of the consultative examination is not to provide medical treatment but rather to gather enough information for the Social Security Administration to determine if the claimant is able to work or perform “substantial gainful activity”. Unfortunately, a one time visit to a doctor who may not specialize in treating the claimant’s disabling health condition will not be able to provide the same level of detail about the claimant’s physical and mental limitations as a doctor who has spent years treating their condition. It is important to note, the consultative examination is supposed to be objective and performed by a doctor who does not work for the Social Security Administration.

Is it possible to receive Social Security Disability benefits from information gathered solely from a consultative examination? Yes, it is possible, if the doctor who examines the claimant states in their examination report that they are disabled, but historically, few Social Security Disability claimants win Social Security Disability benefits based solely on the consultative examinations.

Gathering data at a Consultative Examination

Consultative examinations may begin before the claimant realizes they have started. The medical examiner may take notes of what they see and hear before the claimant thinks the “examination” has begun. How does the claimant get into the building? How do they behave in the waiting room? The medical examiner may note any discrepancies in a claimant’s behavior. Claimants should never lie or exaggerate their mental or physical health conditions, but it is also important not to minimize symptoms. Unfortunately, for many cases the consultative examination does not positively affect the decision for a Social Security Disability claim.

How do most claimants win Social Security Disability Benefits? The best way to be awarded Social Security Disability benefits is to seek medical care from an objective medical provider prior to applying for Social Security Disability benefits. Some of the best medical documentation a claimant can have is a Residual Functional Capacity Form (RFC) completed by a treating physician who has a history of providing medical care for the claimant. The Residual Functional Capacity Form (RFC) will detail the mental and physical limitations of the claimant and can be evidence to establish the claimant is unable to work.

Claimants who are unable to pay for ongoing medical care should at the very least try to visit a clinic, hospital, doctor or free mental health clinic to document their mental or physical conditions prior to applying for Social Security Disability benefits. The bottom line is…few cases are won from the medical information provided exclusively from a consultative examination.

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Calling Social Security about your Social Security Disability Claim

Friday, October 8th, 2010
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The Social Security Administration provides benefits to individuals through two separate disability programs- Social Security Disability Insurance and Supplemental Security Income. To qualify for either program an individual must not be able to work because they have a medical condition, either physical or mental, which is so severe that it is expected to last one year or result in their death.

A Social Security Disability applicant can contact the Social Security Administration in one of the following ways:

  • Calling the Social Security Administration at 1-800-772-1213 and speaking to a Social Security Disability representative. Appointments can be made to visit the nearest Social Security office or a Social Security Disability representative can help the claimant fill out the Social Security Disability application over the phone. Claimants who are deaf or hard of hearing may receive assistance by calling: 1-800-325-0778 (7:00 A.M. to 7 P.M. Monday – Friday). Social Security Disability claimants who schedule an appointment to discuss their claim with a Social Security Administration representative will receive a Disability Starter Kit in the mail to help them prepare for their Social Security Disability appointment. Social Security Disability starter kits can also be found online at: www.socialsecurity.gov/disability.
  • Visiting the online Social Security Administration website at www.socialsecurity.gov.

Social Security Disability claims can take months to process (approximately 3 to 5). If a claimant’s SSDI or SSI application is denied it could take many more months to navigate the Social Security Disability appeal’s process. Anyone who is unable to work and expects their condition to last at least 12 months or longer should apply for SSD benefits as soon as they become disabled. To receive Social Security Disability benefits a Social Security Benefits and Disability Report must be completed. This application can be found at: www.socialsecurity.gov/disabilityreport. This application can be completed online or the claimant may print the report and bring it to the nearest Social Security Disability office. To expedite the processing of a Social Security Benefits and Disability Report the following information should be provided by the Claimant:

  • Social Security number
  • Birth or baptismal certificate
  • Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics which the claimant has visited and the dates of the visits.
  • Names and dosage of all the medicine taken
  • A summary of where the claimant worked and their job descriptions
  • A copy of the claimants most recent W-2 Form (Wage and Tax Statement). Self-employed workers must provide a copy of the federal tax return for the previous year.
  • Medical records from doctors, therapists, hospitals, clinics and caseworkers which the claimant has in their possession.
  • Laboratory and test results

Additional Social Security Disability forms must also be completed in the Social Security Disability application process. Claimants must be prepared to provide information about how their mental or physical health condition affects their ability to work. Claimants must also complete medical release forms to send to the hospitals, doctors, clinics or any other medical center to allow the Social Security Administration to gather current medical information. The Social Security Administration is responsible for helping the claimant gather all current medical files to ensure a complete diagnosis is available to evaluate the claimant’s mental and physical health condition.

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Social Security Disability Application Interview Process

Wednesday, September 22nd, 2010

If you have a disabling health condition and are unable to work you may apply for Social Security Disability benefits. The Social Security Administration administers two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To qualify for either disability program the applicant must meet certain medical standards, SSI applicants must meet certain resource and income levels and SSDI applicants must have contributed enough payroll taxes to the Social Security Trust Fund and earned enough “work credits” qualify for benefits.

Unless the Social Security Disability applicant decides to fill out the Social Security Disability application online, the first step in the Social Security Disability process is to contact the Social Security Administration (SSA) and set up an interview time. The application can be done over the phone or in person. Regardless of whether or not the applicant is completing the application online or in person, the SSA encourages each person to complete the Social Security Disability checklist prior to their Social Security Disability interview. Visit www.socialsecurity.gov/applyfordisability to find the Social Security Disability checklist.

Before the Social Security Disability Interview:

  1. Download the Social Security Disability Checklist and the Social Security Disability Starter Kit to prepare for the Social Security Disability interview. The Starter Kit includes a Social Security Disability Checklist and general information about the Social Security Disability process and all the necessary forms which the applicant will need to complete for the Social Security Disability application process.
  2. Gather all the medical records you have in your possession. The Social Security Administration is responsible for gathering any records that you do not have which are determined to be relevant to your Social Security Disability claim. Sending them the records or bringing copies of them to the SSD interview can expedite the SSI or SSDI claims process.
  3. If you have been injured on the job and have filed a workers’ compensation claim it is important to bring information about the case such as the settlement dates, the compensation amounts, the date of the injury, the workers’ compensation claim number and information about all workers’ compensation disability payments which you have been awarded.
  4. Provide information about the names and ages of your children and spouses.
  5. Provide dates of marriages and divorces.
  6. Gather all financial records including bank account information, routing numbers and direct deposit information.
  7. Complete the medical form SSA-827 which will give the Social Security Administration authorization to request medical information from hospitals, doctors, clinics and any other type of medical facility.
  8. The Medical and Job worksheet – Adult should be filled out and brought with you to your Social Security Disability interview.

Completing the Social Security Disability Starter Kit and the checklist will help you prepare for your Social Security Disability interview. It is important to keep the appointment even if you do not have all of the information you need. The Social Security Administration may be able to help gather certain pieces of medical data for you.

For the Social Security Disability Interview

It is the day of your Social Security Disability interview and you want to be prepared. What should you bring? Many of the items you will need you have already gathered while completing the Social Security Disability Checklist. In addition to those items it is a good idea to bring the following:

  • Birth certificate
  • Social Security card
  • Investment information
  • A list of your current prescribed medications
  • Doctor’s information (names, addresses and phone numbers)
  • Any medical records you have in your possession. Copy the relevant medical records prior to the interview and give the copies to the Social Security examiner. Do not ask them to make copies for you.
  • A list of any physical or mental impairment which you have and any functional limitations caused by your mental or physical health conditions.

The best way to expedite the Social Security Disability process is to be prepared. Have the information the Social Security Administration requests with you for the interview and be ready to answer questions about your work history, medical condition and current limitations which are caused by your disabling health conditions.

Providing medical records for your conditions can eliminate the need for the Social Security Administration to gather the data themselves which is the most time consuming part of the Social Security Disability decision making process. Medical records should be complete for each medical source and should contain your previous and current medical data. Older records may be needed to establish your eligible onset date (EOD) and current medical records are needed to prove you are still disabled.

Many Social Security Disability claimants want to know why the Social Security Disability process takes so long. It takes a long time because there are so many applicants. With a few simple steps and a willingness to provide the right information, the claimant may be able to save a great deal of time.

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Social Security Disability and your Work History

Monday, September 20th, 2010

The Social Security Administration will determine a claimant is disabled if they have a severe impairment and are unable to work at least 12 continuous months. They may qualify for Social Security Disability Insurance if they have worked and earned enough “work credits”. If they do not have sufficient work history, but they are limited in resources and income, they may qualify for Supplemental Security Income.

Evaluating Work History

It is difficult to understand how your work history affects your ability to win Social Security Disability benefits without understanding the disability determination process. The main objective of the SSA is to determine whether or not the claimant’s condition is so severe they are unable to work. To do this the Social Security Administration analyzes your residual functional capacity and work history to decide if you can work your current job or any other job you have performed in the last 15 years given your mental of physical limitations.

The Disability examiner will analyze your work history, only considering jobs which lasted for 3 months or longer and which were performed at SGA level. The examiner will match past jobs to jobs listed in the SSA’s Dictionary of Occupational Titles and rate the physical and mental requirement of each job. If the disability examiner determines that you do not have enough RFC or residual functional capacity to perform any of your past work they will decide if you are able to be retrained for a new job.

For example, if you are a 24 year-old construction worker who has a college degree and has worked several other types of skilled office positions and the DDS determines you are not able to return your construction job due to a leg injury or some other physical impairment they may decide, based on residual functional information from your doctors, you are able to perform work at a light exertion level. Next they will decide if given your age, educational level and work skills if you could retrain for another type of job. If they decide you could, you will be denied Social Security Disability Insurance or Supplemental Security Income benefits.

In some cases your work history or age may be benefit your case. For instance, if you are a fifty-five year old construction worker who did not graduate from high school, has always worked heavy labor, and is now required to do sedentary work the DDS may determine given your work history, education level and your age you it may be impossible for you to retrain for a desk job and will therefore be awarded disability benefits.

The Social Security Administration not only considers a claimant’s mental or physical health condition, they also analyze a claimant’s residual functional capacity, age and other factors to determine a claimant’s ability to maintain employment. The evaluation process can be complicated, and disability examiners can use a variety of tools created by the SSA such as vocational guidelines and GRID rules to help make their disability decisions. If you are unsure of whether or not you meet the definition of disabled according to the Social Security Administration, contact a Social Security Disability lawyer for more information.

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Can You Win Social Security Disability Without Going to a Hearing?

Friday, August 20th, 2010

Winning Social Security Disability Insurance or Supplemental Security Income Benefits at the application level and avoiding a Social Security Disability hearing is not impossible, but it can be difficult. How can you increase your chances of winning benefits at the Social Security Disability application level? The best way is to understand the Social Security Disability process and how the Social Security Administration will make the determination about whether or not you are disabled and unable to work.

The Social Security Administration uses a five-step approach called the Sequential Evaluation Process to determine if claimants are disabled and unable to find a job given their current physical or mental limitations. Under the Sequential Evaluation Process the Social Security Administration will ask:

  • Are you working? Work (as defined by the Social Security Administration) is making more than a certain amount every month. The amount is updated periodically but for 2010 the claimant is allowed to make $1000 per month (blind individuals can make $1,640 per month)
  • Is your medical condition severe? Severe medical conditions are those which will last at least 12 months and do not allow or severely limit a claimant’s ability to perform basic work activities.
  • Is your medical condition on the List of Impairments? The List of Impairments is maintained by the SSA and describes groups of mental and physical health conditions which are so severe that a claimant is unable to work. If the claimant’s condition is not on the List of Impairments the SSA will continue to step 4.
  • Can you do the work you did before? If the claimant’s medical condition is too severe to perform their current job the SSA will continue to step 5. If the condition enables them to continue working Social Security Disability Benefits are denied.
  • Can you do any other type of work? If a claimant’s condition is too severe for the claimant to continue in their current line of work the SSA evaluates whether or not there is any other job they would be qualified to perform in the current economy. The SSA will make this determination by evaluating the claimant’s age, medical health condition, education, past work experiences and any additional skills the claimant possesses. Claimants who can be retrained for other types of employment are denied Social Security Disability benefits. Claimants who can not perform their current job and can not be retrained for any other type of employment are considered disabled and given Social Security Disability Benefits. Whether or not the claimant qualifies for SSDI (Social Security Disability Insurance) will depend on whether or not they have enough work credits. The amount of credits and the amount of Social Security Disability benefits paid will depend on how old you are and when you became disabled. Claimants who do not qualify for Social Security Disability Income may qualify for Supplemental Security Income benefits if they meet the Social Security Administrations income and resource requirements.

Understanding the determination process, understanding the List of Impairments and documenting your mental or physical health conditions clearly and concisely can greatly increase your chances of having your Social Security Disability application approved at the first level and avoiding a hearing. The Social Security Administration is responsible for gathering current and accurate medical records but following-up and sending medical records you already have can also be helpful. Many claimants also increase their chances of getting Social Security Disability benefits by hiring a competent Social Security Disability lawyer who can follow and review the process every step of the way.

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What are the Steps for Applying for Social Security Disability?

Thursday, August 19th, 2010

If you have become disabled and unable to work you may qualify to receive Social Security Disability payments.  The Social Security Administration manages two programs for individuals who are no longer able to work and meet their definition of disabled. Unfortunately, it takes more than a doctor’s note to qualify for disability benefits. The SSA considers an individual disabled if they do not have “the ability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or … has lasted or can be expected to last for a continuous period of not less than 12 months.”  The Social Security Administration does not provide disability benefits for short-term disabilities which will last for less than 12 months.

Applying For Social Security Disability

The Social Administration has made it easier than ever to apply for Social Security Disability benefits. Applicants may apply in person, over the phone or online.

  • Fill out the Social Security Disability Application:

Applying online

For those who have basic computer skills filling out the SSD application online may be the easiest method to use. An applicant can access the Social Security Administration’s website from the convenience of their home with their personal computer and will avoid long lines and unscheduled delays at the Social Security Administration office. Applicants can apply for Social Security Disability Insurance online if they are over the age of 18, have worked and paid Social Security taxes long enough to qualify for Social Security Disability Insurance and they have a mental or physical health condition which does not allow them to work and is expected to last for 12 months or longer. Applicants must also live in the United States or one of its territories.

Applying in Person

Applicants who would prefer to apply in person can call the Social Security Administration Office and request a meeting in person or over the telephone.   The Social Security Administration Office number is 1-800-772-1213.  In-person or telephone interviews may be more difficult and time consuming but applicants may be able to ask questions and have help completing their Social Security Disability application. It is important to maintain a call log of the names of people you have spoken with and the dates and the times of each conversation.

All applicants will need to provide the following documents:

Copies of all work history information for the past 15 years
Copies of your most recent W-2 forms
All medical information including: doctors, hospitals, and clinics names, phone numbers and addresses
The Social Security Number for the person applying for Social Security Disability Insurance
A valid birth certificate
Information regarding medications taken and laboratory tests performed
All information regarding marriages and dependants (names, ages and birthdates)
Any other information about other public benefits that an individual is receiving

  • Claim Is Approved

It generally takes the Social Security Administration several months to evaluate a claimant’s Social Security Disability application and determine if they qualify for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits. The Social Security Administration will notify the claimant in writing if they are awarded Social Security Disability benefits and the disability notice will contain the benefit amount and the date the Social Security Disability benefits will officially begin. Under some conditions, claimants may receive retroactive payments. Talk to a Social Security Disability lawyer for more information.

  • Social Security Disability Review Process

Receiving Social Security Disability benefits is not the final step. Due to advancements in medical technology, it is not uncommon for some claimants to eventually become physically and mentally healthy enough to start working again. The Social Security Disability office will periodically perform a Continuing Disability Review (CDR) to determine if an individual is still disabled. Individuals who have a high probability for improvement may have to submit to a review every 6 to 18 months. Other claimants who have a low chance of improvement may have their Social Security Disability case reviewed approximately every 7 years. Reviews are done by mail, in person or over the telephone.

  • Social Security Disability Claim is denied

Most Social Security Disability claims are denied. If you receive a denial you have several choices 1) file a request for a Social Security Disability appeal (the first appeal in most states is the reconsideration) 2) file another Social Security Disability application 3) do not pursue a Social Security Disability claim.

  • Request for Reconsideration

Claimants who file a request for reconsideration must do so within 60 days from the date of receiving the Social Security Disability denial letter. Claimants who do not meet the appeal deadline will have to reapply and start the process again.

Applicants have about a 20% chance of receiving an approval at the reconsideration level. The approval or denial may take from 30 days up to 8 months depending on the case load for your region.

  • Request for a Social Security Disability Hearing

Applicants who have not already hired a Social Security Disability lawyer generally do so prior to requesting a Social Security Disability hearing. A Social Security Disability Hearing is a chance for you to argue your case before the Administrative Law Judge. This will be your best opportunity to present all relevant medical evidence and prove you are disabled. Hiring a professional who has experience gathering medical records, developing a case and strategically arguing your claim can greatly improve your chances of receiving Social Security Disability benefits. The Social Security Disability attorney can fully review claim and identify any misconceptions or subjective conclusions which were erroneously made when your Social Security Disability case was initially reviewed by the Social Security Administration. The Administrative Law Judge will review the evidence and make a decision for your case.

If your claim is denied at the Administrative Hearing Level a claimant may request an appeal to the Appeals Counsel and another subsequent appeal can be made in Federal Court.  Social Security Disability attorneys can review your denial and determine the next best step for your Social Security Disability claim.

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Will the Social Security Administration consider me disabled?

Monday, August 16th, 2010

Social Security Disability Insurance or Supplemental Security Income benefits are not short-term disability benefits. Individuals who are substantially gainfully employed who are making more than $1,000 per month or whose mental or physical health conditions are not expected to last for at least 12 months need not apply. Medical conditions must also be supported by medical evidence.

The Social Security Administration defines “disabled” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or … has lasted or can be expected to last for a continuous period of not less than 12 months.”

To determine if an adult (over the age of 18) is disabled the Social Security Administration will evaluate their mental and physical health conditions (as evidenced by the claimant’s medical records) using a five-step Sequential Evaluation Process:

  1. Is the claimant engaged in substantial gainful activity (SGA)? The Social Security Administration considers substantial gainful activity in 2010 as making more than $1,000 per month or working a regular 40 hour per week work schedule (or the equivalent work schedule). If a claimant is able to make this much money each month the SSA will consider them not disabled, regardless of their mental or physical health condition, their education, their work experience or their age.
  2. Is the claimant’s mental or physical condition severe? The claimant’s ability to do work should be severely limited for at least 12 months or more. If the claimant’s mental or physical health condition is not severe the claimant will be determined not disabled. If the claimant’s condition is severe the Social Security Administration will continue to step 3.
  3. Is the claimant’s mental or physical condition listed on the Social Security Administration’s “List of Impairments”? The List of Impairments is a document which identifies conditions that are so severe that the claimant who has these conditions will be determined automatically disabled. If the claimant’s conditions meets or equals one of the listings documented on the Social Security Administration’s List of Impairments the SSA will determine the claimant is disabled, if not the Social Security Administration will continue to step 4.
  4. Can the claimant perform the work they have done before? The Social Security Administration will evaluate if the claimant can do any of the previous jobs they have done in the past (the SSA generally evaluates jobs held in the last 15 years). The Social Security Administration will make this evaluation by analyzing the claimant’s residual functional capacity or RFC. RFC can be physical and can include the claimant’s ability to sit, stand, walk, bend or lift, or it can be mental and include the claimant’s ability to follow directions, get along with co-workers, regularly attend work and maintain standards of cleanliness, pace and concentration.
  5. Can the claimant perform any other type of work which is found in the general economy? If a claimant is unable to perform a past job the Social Security Administration will evaluate if there is any type of work they could do given their age, their medical condition, their past job experience and any other residual skills. If the SSA determines the claimant can not do any other work they will be determined disabled. If the claimant could be retrained to do some type of job they will be determined not disabled.

Additional non-medical requirements exist for claimants to qualify for either SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income). Talk to a qualified Social Security Disability lawyer for more information about Social Security Disability requirements.

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What is A Disabling Health Condition?

Thursday, July 29th, 2010

The Social Security Administration may consider any health condition to be disabling if it is expected to last at least 12 months or more or may result in the individual’s death. The mental or physical health condition also must be so severe that it prevents an individual from performing “substantial gainful activity” which the Social Security Administration considers as making more than $1,000 per month in 2010 or working a regular 40 hour per week work schedule (or the equivalent work schedule).

While any condition which severely limits a claimant to the extent that they can not perform any job at a level to be considered gainful and substantial can be considered disabling, the Social Security Administration does have standards which are referred to as The Listing of Impairments which they use to evaluate a claimant’s disabling health condition.

The Listing of Impairments specifically describes common medical conditions the Social Security Administration automatically considers disabling. Claimants who “meet the listing” or have a condition which is specifically outlined in the Listing of Impairments (with the same limitations and symptoms) will frequently receive Social Security Disability Insurance or Supplemental Security Income benefits at the initial application level. If an applicant does not meet a listing the Social Security Administration evaluates the severity of the condition, if the physical or medical health condition limits the individual’s ability to work and if the condition leaves any residual functional capacity (RFC) for the claimant to continue working.

Residual functional capacity or RFC is the amount of activity an individual can perform in spite of their physical or mental health conditions. Standard physical residual functional capacity can include the claimant’s ability to stand, walk, sit, lift, bend or stoop. Mental residual functional capacity can include the claimant’s ability to work well with others, follow directions, get along with co-workers, attend work and maintain standards of cleanliness, pace and concentration.

After the Social Security Disability examiner determines the claimant’s RFC or residual functional capacity they can determine if the claimant can work full-time at any job they have had previously (examiners generally evaluate the claimant’s last 15 years of employment), and if not, if they can be retrained to work in a new job. A claimant’s ability to retrain for a new job is based not only on their RFC but also other factors such as their age, work experience and their educational level. The Social Security Administration may determine a claimant has a disabling health condition if they can not perform any past jobs or their residual functional capacity is so limiting they can not be retrained for any new type of work.

Medical records, doctor’s statements, physical and mental assessments and other documentation may be used by the Social Security Administration to evaluate a claimant’s residual functional capacity. Impairments by themselves may not be completely disabling, but the Social Security Administration will evaluate the combined effects of all listed health conditions when considering a claimant’s RFC.

It is not unusual for claimants to ultimately receive Social Security Disability benefits because both the mental and physical conditions, when considered together, leave the claimant with very little residual functional capacity. Unfortunately, given the subjection nature of evaluating Social Security Disability claims which do not meet a listing, many claims are not awarded benefits until the Hearing level when the Administrative Law Judge is able to truly evaluate the claimant in person and offer a more subjective conclusion of their ability to continue to work.

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