THE APPLICATION LAYS A FOUNDATION FOR BENEFITS

Many people do not realize that the Social Security disability application - along with related forms - lays a foundation for disability benefits.  A careless or hastily completed application lays a poor foundation and may cause a claim to be denied.

I will talk about just two of the forms that are associated with a disability application.  One is the Function Report, the other is the Work History Report.

The Function Report is a 7-page form that provides details about your daily lifestyle and activities.  It will ask you about activities of daily living, such as cooking, cleaning, bathing, dressing, hobbies, travel, driving, etc.  Attention should be paid to the answers you provide concerning all these activities.  The Function Report may be used, at least in part, to determine your "residual functional capacity" (RFC).  The RFC is the maximum level of activity you can perform, even with all your physical and/or mental limitations.  The more restrictions you have, the more likely you are to be found disabled.

The Work History Report asks about every job you have held for the past 15 years.  It will ask you to provide details such as how much you sat, stood, walked, lifted, reached, crouched, crawled, reached, etc. for each job.  A vocational expert will use this form to classify your past work into exertional levels, ranging from sedentary to very heavy.  Your work will also be classified as unskilled, semi-skilled or skilled.  These categories will help define your vocational profile.  

 Following are specific questions that must be addressed as Social Security determines whether you qualify for disability benefits:
  1. Is the claimant now working at substantial gainful activity?  (Earning at least $1,070 per month)?
  2. Does the claimant have a medically determinable impairment that is expected to last at least 12 consecutive months, or end in death?
  3. Does the claimant meet one of the Social Security listings?  If not, what is the claimant's Residual Functional Capacity (RFC)?
  4. Can the claimant perform any of his past relevant work (PRW)?  If the answer is "Yes," he/she is not disabled.  If the answer is "No," step 5 applies.
  5.  Can the claimant perform any other work which exists in significant numbers in the local, regional or national economy?  (No one has ever defined what "significant numbers" are).  If the answer is "Yes," the claim will be denied.  If the answer is "No," the claim should be approved.
Nearly all Social Security claims get to at least step 4.  Most claims that get denied are denied at steps 4 or 5.  The forms completed by the claimant comprise a significant part of evidence used to answer step 4 and step 5 questions.  Therefore, the application itself is very important and should be completed carefully and accurately.

One other important piece of evidence would be medical evidence from your doctor(s), hospitals or other providers.  In addition to medical records, it will be very helpful to get a Medical Source Statement from your treating doctor.  This should be a form which is approved by Social Security, such as HA-1151, not just a note from the doctor stating that you are unable to work, in the doctor's opinion.  These type of notes are given little to no weight by Social Security, because the decision about disability is "reserved for the Commissioner of Social Security."  Your doctor may not draw conclusions about whether or not you are disabled.  Instead, the doctor should give his opinion concerning your specific abilities to stand, walk, sit, lift, carry, push, pull, reach, understand and follow directions, adjust to routine changes in work, etc.
 

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