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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.

Eligibility for disability benefits from the Social Security Administration

Wednesday, March 2nd, 2011

The Social Security Administration (SSA) estimates 3 out of 10 Americans may become disabled prior to retirement age. Not everyone who is unable to work is considered “disabled” by the Social Security Administration. If the Social Security Administration determines you are disabled you may be able to qualify for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Each of these disability benefit programs is administered the United States federal government and require claimants to meet very specific qualifications.

Social Security Disability Insurance

Social Security Disability Insurance or SSDI is offered to disabled workers who have contributed to the Social Security Trust Fund through their employment taxes and have earned enough work credits to qualify. The number of work credits needed to qualify for SSDI may vary, but most workers over the age of 30 will need 40 work credits. Most claimants working full-time can accrue up to four credits per year. In addition to accumulating work credits, SSDI claimants must be determined disabled by the Social Security Administration.

How do you know if you are disabled? Claimants must have a physical or mental impairment which is considered severe and which does not allow them to work for at least 12 months or is expected to result in their death. The Social Security Administration (SSA) will review a claimants medical records, and using their evaluation process, will determine if the claimant is able to perform their current job or any other job in the regional economy given their age, educational background and work experience.

Social Security Disability Insurance requirements:

  • Determined disabled by the Social Security Administration.
  • Disabled prior to your full retirement age
  • Disabled for at least 12 months or your disability is expected to result in death
  • Legally allowed to work in the United States
  • A United State’s citizen
  • If you are 31 or older you must have paid payroll taxes and worked for 5 of the last 10 years.  If you are younger than 31 there may other qualifications.

Supplemental Security Income

Supplemental Security Income, the second disability program administered by the federal government, is for the disabled, blind or aged who are disabled and have limited income and resources. Claimants who are attempting to qualify for SSI disability benefits must meet the same criteria as SSDI applicants. Claimants must be found medically disabled, either physically or mentally, with a disability which is so severe they will not be able to work for at least 12 months.

Supplemental Security Income, unlike Social Security Disability Insurance, is a “needs based” program, and claimants do not have to accumulate work credits to qualify. Claimants must, however, meet non-disability qualifications and have limited resources and income. Resource and income limits are established by the Social Security Administration and can include: stocks, bonds, cars, houses, bank accounts, trust funds and pensions. It is important to discuss your resources and income with a Social Security Disability lawyer to determine if you are eligible to file for Supplemental Security Income benefits. Claimants who do not meet the income and resource qualification will not be awarded Supplemental Security Income benefits regardless of their mental or physical disabilities.

How long does it take to get a Social Security hearing decision?

Monday, February 14th, 2011

Has it been weeks since you attended your Social Security Disability Hearing and presented evidence for your Social Security Disability claim? Maybe you are wondering if you have been approved for Social Security Disability benefits. No doubt you are frustrated. You may have thought you would receive your benefit notice at the hearing. Maybe the Administrative Law Judge gave you some indication you would receive benefits, but you have waited weeks or months and you have not received payment.

So how long will you have to wait to receive your Social Security Disability hearing decision? Like other processes within the Social Security Administration, the answer is not clear-cut. It may depend on the number of cases assigned to the Administrative Law Judge or how many Social Security Disability Insurance or Supplemental Security Income cases are assigned to your Social Security Disability hearing office.

Most Social Security Disability hearing decisions are made with in 45 to 90 days after the Social Security Disability hearing. If you have not received your Social Security Disability hearing notice after this time you can contact the Social Security Administration, your hearing office or your Social Security Disability lawyer for more information.

Do Denials take longer than Approvals?

Denials and approvals both take a long time to process. There is some evidence to suggest the longer it takes to process a claim the greater chance it will be a denial, but this is not always the case. In fact, many Administrative Law Judges will have all of their decisions written by a decision writer which increases the amount of time it takes to process Social Security Disability decisions including denials and approvals.

If you are waiting for a Social Security Disability hearing decision, do not be discouraged. If you are awarded Social Security Disability Insurance or Supplemental Security Income benefits you are near the end of the Social Security Disability process. If you are denied Social Security Disability benefits, it may be time for you to regroup and consider what you can do differently if you decide to apply for Social Security Disability benefits a second time.

Denied for Other Work by Social Security Disability

Thursday, February 10th, 2011

Social Security Disability Insurance or Supplemental Security Income benefits are awarded to claimants who are determined to be totally disabled and unable to perform substantial gainful activity. Unlike other types of disability programs such as Veteran’s disability, SSDI and SSI payments only awarded for total disability. Disabilities, either physical or mental, must be expected to last at least 12 months or be expected to result in the claimant’s death.

To determine if a claimant is disabled, the disability examiner will review relevant work they have performed in the past 15 years. Claimants who can not perform their current job may be able to retrain for other types of employment. Disability examiners will make this determination by evaluating a claimant’s age, education, work history and their mental and physical residual functional limitations.

Overview Of The Social Security Disability Claim Process

The Social Security Administration maintains a listing of common impairments called the Listing of Impairments. If a claimant does not immediately meet a listing (which automatically allows a claimant to receive disability benefits) the claimant’s residual functional capacity can become more important than the actual impairment. Vocational guidelines have been created to help disability examiners make uniform, standardized decisions about a claimant’s disabling health conditions. Claimants may be limited to sedentary, light, medium, heavy or very heavy work based on their residual functional capacity. Older claimants may have more difficulty adjusting to new employment, and therefore, have a greater chance of receiving benefits than younger employees using the vocational guidelines.

How is the disability decision made?

The first step in the disability determination process is for the disability examiner to determine if a claimant can perform the work they have done in the past. Claimants must provide a detailed description of their past jobs. Detailed physical requirements should be provided by the claimant including the amount of time they were required to sit, stand or walk and the amount of weight they had to frequently lift. Jobs are matched against similar jobs identified in the Dictionary of Occupational Titles, which is a handbook for jobs maintained by the Social Security Administration. The disability examiners evaluate the job requirements for each past job and compare this information to the residual functional capacity information identified in the claimant’s medical files or the residual functional capacity forms (RFC Forms) provided by the claimant’s physicians.

Claimants whose mental or physical residual functional capacity makes it impossible to perform their past work may be able to be retrained to perform another job available in the regional economy. The question of other jobs which may be performed by the disability claimant most frequently arises at the Administrative hearing level when the vocational expert has a list of other job which they claim the claimant may be able to perform given their current limitations. Claimants who have hired an experienced Social Security Disability attorney will hopefully be able to evaluate these “other jobs” and present evidence which proves the claimant does not have sufficient residual functional capacity to perform the suggested work.

The term “denied to other work” may be used by the Social Security Administration to mean that they have denied Social Security Disability benefits based on their evidence that even if a claimant can not perform their old job, they should be able to retrain for new employment based on their residual functional capacity, age, work skills and education level.

How do you win a Social Security Disability benefits? You must prove not only that you can not do your old job, but you can not do any other job available in the regional economy. Social Security Disability lawyers can help you gather relevant medical records to prove your Social Security Disability claim. Residual functional capacity forms, which are completed by a claimant’s doctor, outline the claimant’s physical and mental limitations. These forms are one of the best pieces of medical evidence which can be provided to the Social Security Administration to prove the claimant is unable to work other jobs and keep the SSA from denying a claimant with the reason they are “denied to other work”.

Am I Eligible for Social Security Disability Benefits?

Wednesday, January 19th, 2011

The United States Federal government administers two Social Security Disability benefits programs. Social Security Disability claimants must meet specific criteria to qualify for each program.

Social Security Disability Insurance

Claimants who have worked and paid sufficient Social Security taxes may be “insured” and covered by Social Security Disability Insurance. Claimants will earn “work credits” for work and must generally have 40 work credits to qualify for Social Security Disability benefits. Younger claimants may need fewer credits. Claimants must also:

  • Be a worker, the surviving divorced spouse, a worker’s widow or widower or the worker’s child with disabilities. Childhood disability beneficiaries must be unmarried, age 18 or over and must have been determined disabled prior to 22.
  • Complete a Social Security Disability application.
  • Be determined either mentally or physically disabled by the Social Security Administration.
  • Not be working or performing any type of work at a substantial level.

Supplemental Security Income

Social Security Disability claimants who have not worked and do not have sufficient work credits to be considered insured can not qualify for Social Security Disability Insurance, they may, however, be able to qualify for Supplemental Security Income or SSI. SSI was created to help claimants who have limited income and resources. To meet the eligibility requirements for Supplemental Security Income a claimant must:

  • Have resources and income which are below the federally mandated amount.
  • Be considered a United State’s citizen or meet the non-citizen requirements.
  • Be determined disabled or blind by the Social Security Administration.
  • Complete a Supplemental Security Income application and submit it to the Social Security Administration.
  • Be a resident of the 50 States, District of Columbia, or Northern Mariana Islands.
  • Not be performing substantial gainful activity. The SGA amount varies depending on a claimant’s disability status. Blind individuals are allowed to make higher earnings than a non-blind claimant.

If you have questions regarding your Social Security Disability eligibility, contact the Social Security Administration or visit their website at www.ssa.gov. The Social Security Administration has a useful website that can answer most of your Social Security Disability questions. Social Security Disability claimants who have stopped working due to a physical or mental health conditions may be considered disabled if their physical or mental health condition is expected to last at least 12 months or result in their death. Social Security Disability claimants may also contact a Social Security Disability lawyer for more information. Disability lawyers specialize in winning Social Security Disability Insurance and Supplemental Security Income benefits for their clients everyday.

Components in the Disability Determination Process

Wednesday, January 12th, 2011

If you have filed a Social Security Disability application you may have waited weeks or months to receive your reply. You may be wondering where your Social Security Disability Insurance or Supplemental Security Income application has disappeared and why does it take so long to get a disability application approved. Let’s talk about the components of the Disability Determination process.

The Social Security Administration has ten administrative regional offices located across the United States. Each regional office has responsibilities to manage a network of Social Security Administration Field Offices in its region. Each regional office also has a Disability Qualify Branch which requests Social Security Disability cases which it will analyze and perform quality reviews.

In 1998, the Social Security Administration formed the Office of Central Operations by merging several offices together. Currently, the Office of Central Operations is located in Baltimore, Maryland, and is responsible for establishing and maintaining earnings records for workers, processing Title II disability claims for claimants who are under 54 years of age and live in the United States (The Office of Disability Operations) and international Title II claims for claimants who reside outside of the United States (The Office of International Operations).

The Social Security Administration also has a Federal Records Center which maintains all paper records. The Federal Records Center is the final repository for all of the records for disability claims.

In addition to all of the locations listed above, the Social Security Administration also has six Program Service Centers which are located regionally around the United States. There are Program Service Centers in the following cities: Jamaica, NY, Philadelphia, PA, Birmingham, AL, Chicago, IL, Richmond, CA, and Kansas City, MO. Each Program Service Center represents a region of the country and is responsible for processing disability claims, disability appeals, maintaining records and processing Title II claims.

Each of these service centers is run by dedicated Social Security employees who are working hard to process applications, evaluate a claimant’s personal information, review medical files, analyze earnings data and get the information to the next location to help the Social Security Administration make a disability determination for you, the disability claimant.

Does it take a long time to process Social Security Disability claims? Yes, but there are thousands of Social Security Disability applicants just like you who are waiting for their Social Security Disability benefits. It is easy to get discouraged. Talk to a Social Security Disability lawyer about what you information you need to increase your chances of having your disability application approved.

Questions Always Asked at a Social Security Disability Hearing

Wednesday, December 29th, 2010

You may be nervous about your Social Security Disability hearing. What type of questions will the Administrative Law judge ask? Who will be there? What happens if you say something wrong or do not know the answers the disability questions?

The good news is the Social Security Disability hearing is not the type of hearing we have all seen on television. There is not a defense attorney present, and the Social Security Disability claimant will not have to sit in front of a crowded courtroom with hundreds of spectators looking on.

The Social Security Disability hearing is generally held in a small room at a county courthouse or another predetermined location. The attendees generally include the claimant’s Social Security Disability lawyer, the Administrative Law Judge, a vocational expert and possibly a medical expert.

Social Security Disability Hearings can last from fifteen minutes to one hour and are very informal. The claimant should dress in normal everyday attire. The Social Security Disability hearing is tape recorded, and the claimant and all of the other witnesses are answering their questions under oath.

Every Administrative Law Judges has their own method of conducting the Social Security Disability hearing. Some Administrative Law Judges prefer to ask all of the questions themselves, while others rely heavily on the claimant’s Social Security Disability attorney to ask the questions.

If your Social Security Disability lawyer is responsible for asking the questions this is good news for you. Hopefully, prior to the hearing, you have met or spoken with your SSD lawyer and discussed the rules and procedures for the disability hearing. You Social Security Disability lawyer should also review all possible questions with you, specifically the questions which are asked at every Social Security Disability hearing.

Questions which will always be asked, either by the attending Administration Law Judge or your Social Security Disability lawyer, include:

  • What is your full legal name?
  • What is your social security number?
  • What is your mailing address?
  • How tall are? How much do you weigh?
  • What is you highest level of education?
  • Have you received any vocational or educational training after high school?

The Administrative Law Judge will also need to know if you meet the most basic criteria for disability benefits which include the inability to work at a substantial gainful level. Questions which will generally be asked about your ability to work can include:

  • Are you currently working?
  • If so, how many hours per week and how much do you make per month?
  • Have you had any unsuccessful work attempts?
  • If you had unsuccessful work attempts how long did you attempt to work and why did you finally have to leave your job?

The Administrative Law Judge does not have a specific amount of time to render their disability decision in fact, they may take as long as they “deem necessary”. They are encouraged to make the Social Security Disability decision as soon as possible, but it could still take six to 12 weeks due to the backlog at many Social Security Disability hearing offices across the United States.

The good news is that many Administrative Law Judges can make a disability decision right away because they do not have to wait months to receive medical documentation (unlike the Disability Determinations Office), and the medical development of the case and evidence for the claim have already be gathered and evaluated.

If you are scheduled to attend a Social Security Disability hearing, it is important to contact a Social Security Disability lawyer as soon as possible. Some Administrative Law Judges will not hear a case if a claimant is not represented either by legal counsel or by a non-attorney representative who understands the Social Security Disability hearing process and can argue the Social Security Disability claimant’s case.

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.

How Does the Social Security Administration Figure Your Payment Amount?

Friday, November 5th, 2010

Social Security Disability Insurance Benefits

One of the most common questions claimants ask is “how much money can I expect to make”? The amount of disability a claimant is entitled to make for their Social Security Disability Insurance (SSDI) amount will be different than other claimant’s amounts because it is based on the claimant’s lifetime average earning which were covered by Social Security. The amount awarded will also be adjusted each year to account for cost of living changes. Some years the amount will not change.

The Social Security Disability Insurance payments may also be reduced if the claimant is receiving benefits from Workers’ Compensation due to a work related injury or from other disability programs. Other resource and income will not affect the Social Security Disability Insurance payment amount.

Supplemental Security Income Benefits

The Social Security Administration will calculate a Social Security Disability claimant’s Supplemental Security Income payment on the amount of the claimant’s countable income, the claimant’s living arrangements (if another person is providing food and shelter) and the state where the claimant resides.

The basic rate paid for Supplemental Security Income (SSI) is called the Federal Benefit Rate which is $674 per month for an eligible individual and $1,011 per month for an eligible couple (for 2010).  The Federal government may choose to adjust the Federal Benefit Rate each year. How does the state where the claimant resides affect their Supplemental Security Income payment? Some states choose to add what is called a state supplement onto the Federal Benefit Rate. The amount the state chooses to add and the requirements to qualify for the state supplement may vary by state.

How do you calculate your own Supplemental Security Income amount? First you take your Federal Benefit Rate, add your state supplement and subtract your countable income.  What is income? It can be anything you have received during the month which you can use to buy food, clothing or shelter. Sometimes you may also receive what the SSA calls “in-kind” income which is in the form of food, clothing or shelter, rather than cash.  The Social Security Administration has listed the following as income:

  • Wages from a job, whether in cash or another form
  • Net earnings from a business if the claimant is self-employed
  • The value of food or shelter that someone gives to the claimant, or the amount of money someone gives to them to help them pay for food or shelter
  • Department of Veterans Affairs benefits
  • Railroad retirement and railroad unemployment benefits
  • Annuities, pensions from any government or private source, workers’ compensation, unemployment insurance benefits, black lung benefits and Social Security benefits
  • Prizes, settlements and awards, including court ordered awards
  • Proceeds of life insurance policies
  • Gifts and contributions
  • Support and alimony payments
  • Inheritances in cash or property
  • Interest earned, including interest on savings, checking and other accounts
  • Rental income
  • Strike pay and other benefits from unions

Not all income, however, is counted. Students may also have an earned income exclusion for Supplemental Security Income. These earnings are not counted against their benefits if the student is attending school, college or university. The maximum amount allowed for students in 2010 is $1,640 per month up to a maximum of $6,600. Additionally, according to the Social Security Administration the following is not considered income when calculating a claimant’s Supplemental Security Income benefit amount:

  • Medical care and services;
  • Social services
  • Money from the sale, exchange or replacement of things a claimant owns
  • Most types of interest and dividend income
  • Income tax refunds
  • Earned Income Tax Credit payments
  • Payments made by life or disability insurance on charge accounts or other credit accounts
  • Proceeds of a loan
  • Bills paid by someone else for things other than food, clothing or shelter
  • Replacement of lost or stolen income
  • Weatherization assistance

As you can see, calculating Social Security Disability Insurance or Supplemental Security Income benefits may be complicated. Contact the Social Security Administration or a Social Security Disability lawyer who can answer your questions and determine if you can qualify for SSDI or SSI benefits.

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.





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