SIMPLE BUT EFFECTIVE DISABILITY FACTS

I have represented claimants at Social Security disability hearings hundreds of times in Alabama, Tennessee, Mississippi and Georgia.  In nearly every one of those hearings, there are simple facts that must be demonstrated to win an award for disability.

In a physical case, such as back trouble, arthritis, diabetes other physical issues, we have to demonstrate the claimant's physical limitations:  How long can he sit, stand, walk?  How much can he lift?  Are there limitations on the ability to bend, stoop, crouch, crawl, kneel, climb stairs--or ladders, ramps or scaffolds?  

In a mental or psychological case, we need to show the claimant's limitations with such work related activities as:  remembering, understanding and carrying out simple instructions; responding appropriately to supervision and interaction with co-workers; or adjusting to changes in work routines and environment.   Also, does the claimant have the ability to concentrate and make appropriate work related decisions commensurate with full-time work? 

In either physical or mental cases, it should be determined whether the claimant can persist up to 2 hours between breaks, for a total of 8 hours in a day, 5 days per week.  If you can only work 6 hours a day, you are disabled.  If you are only able to work 4 days per week, you are disabled.  If you must miss more than about 1 day per month due to a medical impairment you are probably disabled because employers will not tolerate that much persistent absence. 

If you require a break more often than once every 2 hours or if your breaks must last more than about 15 minutes at a time, you may be disabled because of your inability to "persist" in a competitive work environment.  If your have a physical or mental impairment that causes you to be off task more than about 15 percent of your workday, you are probably disabled.

Of course, it is not enough to march an individual before a judge and have him or her make these claims.  The regulations require that claims be supported by objective medical evidence. Part of building a good case is obtaining and providing to the judge appropriate medical evidence to support substantial limitations in function, such as we have discussed here. Objective medical evidence is usually considered to be laboratory tests, X-rays, MRI imaging, etc.  In a mental case, objective evidence may be supplied by a qualified psychiatrist or clinical psychologist.
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For help with a Social Security disability case, please contact the Forsythe Firm, attention Charles W. Forsythe, at (256) 799-0297 or toll free at 855-854-CASH.

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