EXPLAINING YOUR DAILY ACTIVITIES TO SOCIAL SECURITY

When you apply for disability benefits, Social Security will ask about your normal daily activities.  This information is gathered in two ways:

First, information about daily activities is gathered in the Function Report, a form sent to you right after you submit your disability application. You furnish details about daily habits, such as cooking, shopping, housework, yard work, caring for your children...etc.

Second, if you are denied and go for a hearing, the administrative law judge will usually ask, "Tell me how you spend a day at your house, what happens during the day?"

Judge's don't expect you to testify that you lie in bed all day with agonizing pain, never get out of the house, and that you keep the emergency room on speed dial.  On the other hand, if your daily activities seem fairly unrestricted, the judge may conclude that your activities amount to a "work equivalency" and find that you are not disabled.

A disabled person may be able to perform some activities but if he can't do them 8 hours a day, 5 days a week, that fact should be explained and it will show disability. 

A person may give the impression that his daily activities are not limited if he regularly shops, cooks, does house or yard work, drives, fishes, hunts or engages in a few hobbies--all with no apparent difficulty.  Social Security may conclude that all these unrestricted activities add up to a "work equivalent."  If the claimant is able to do all these things on a daily basis, and without problems, he is probably able to perform some type of work--perhaps at the light or sedentary exertion level.  Therefore, if he demonstrates an ability to perform work, he is not disabled.

Again, a claimant need not be confined to bed or unable to do any activities to get disability benefits.  I advise my clients to truthfully explain the struggles or difficulties that they have in doing their normal daily activities.  Some examples would include....

"I drive occasionally, but if I'm on a longer trip, I will need to stop and walk around about once an hour to relieve cramps or leg pain."

"I can do light housework but I need frequent breaks.  I'm OK as long as I take a break about every hour.  During these breaks I need to rest 30 minutes before I resume my chores."

Or, "I can go shopping at stores if I limit myself to no more than 45 minutes at a time.  Also, I need help reaching items on the top shelves and I will need help loading and unloading heavier items. Some days, I won't feel like going to the store at all."

It's normal for disabled persons to maintain some level of functioning. That's certainly commendable. In describing daily activities, it is important to emphasize how your disability has changed your level of function.  Here is how it used to be before I became disabled--and here is how it is now.  I still do things--just not like I could before.

Remember that Social Security defines "work" as the ability to consistently work 8 hours per day, 5 days per week, 52 weeks per year, or an equivalent schedule.  A disabled person may be able to perform some activities but if he can't do them 8 hours a day, 5 days a week, that fact should be explained and it will show disability. 

THE FORSYTHE FIRM
Social Security Disability Counselors and Advocates
PHONE (256) 431-1599 or (256) 799-0297 

FREE INFORMATION AVAILABLE ON OUR WEBSITE 

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