Before
awarding an SSDI benefit, Social Security must convince itself that you
are not able to sustain full-time work 8 hours a day, 5 days a week, 52 weeks per year.
Of
course, the physical demands of work vary a great deal from job to
job. Social Security recognizes 5 exertion levels in today's workforce:
- SEDENTARY
WORK requires mostly sitting with lifting no more than 10 pounds at a
time, the ability to occasionally lift and carry files or small tools;
occasional standing and walking (less than 2 hours per day).
- LIGHT
WORK requires lifting no more than 20 pounds at a time (occasionally),
frequent lifting and carrying objects weighing up to 10 pounds; frequent
walking or standing or sitting while pushing arm or leg controls.
- MEDIUM
WORK involves lifting up to 50 pounds occasionally and frequently
lifting or carrying objects weighing up to 25 pounds. It also requires
frequent standing/walking. If you can do medium work, you can also do
light work.
- HEAVY
WORK requires lifting no more than 100 pounds occasionally and lifting
and carrying objects weighing up to 50 pounds frequently. It requires
frequent standing/walking. If you can do heavy work, you can also do
medium work.
- VERY
HEAVY WORK involves lifting objects weighing no more than 100 pounds at
a time and frequently lifting and carrying objects that weight more
than 50 pounds. Frequent standing/walking required. If you can perform
very heavy work, you can also perform heavy work.
Q. If I can perform Light work, can I also perform sedentary work? The answer is yes, usually. There are 2 exceptions:
If
a claimant has difficulty sitting for prolonged periods of time, or has
difficulty performing fine manipulations with the hands (feeling,
fingering, pinching), the person might be found capable of performing
Light work but not Sedentary work.
The
above limitations are only exertional. They do not take into account
postural limitations such as reaching, bending, crouching, squatting,
kneeling, balancing, climbing). They also do not take into account any
mental limitations (memory, focus/concentration, decision making,
etc.). All jobs do have certain mental functional abilities which are
required.
For claimants under the age of 50, Social Security will usually deny claimants if they are found able to perform jobs at any exertion
level. For those over age 50, the rules are a little more relaxed and
the Medical-Vocational Guidelines can be helpful.
___________
The Forsythe Firm
(256) 799-0297
https://forsythefirm.wixsite.com/website
Lyme
Disease is transmitted to humans by the bite of the black legged tick,
commonly called a "deer tick." The infectious agent is a little
bacterium called Borrelia burgdorferi. Symptoms can include a
rash (but not always), fatigue, dizziness, neurological symptoms, joint
aches, and sometimes a fever. Getting a correct diagnosis for Lyme
Disease may be difficult because the symptoms of Lyme Disease are quite
similar to many other illnesses and doctors often have never encountered
a case of Lyme. Lyme is usually curable with a few weeks of
antibiotics. However, if the disease goes untreated, it can cause
severe symptoms, including joint inflammation (Lyme arthritis), heart
problems, disorders of the central nervous system, and more.
There
is no specific listing for Lyme Disease in the Social Security blue
book. If there are severe associated symptoms, a claimant may meet a
listing for another body system: nervous system disorder, heart
impairment, etc. If that is not the case, the claimant must prove that
the combined symptoms of the disease are so severe that full-time work
cannot be maintained.
I
have recently won cases involving Lyme Disease. Here is a little of
what I have learned with regard to Lyme Disease and Social Security.
1)
Try to see out a specialist to confirm the diagnosis. Specialists are
few and far between. Social Security will be skeptical that symptoms
are being caused by Lyme Disease. It is essential to get a firm
diagnosis by a doctor who understands the disease. Many doctors will
tell you that there is no such thing as chronic Lyme Disease, or that it
is impossible to diagnosis it accurately. Some will try to send you
off to a psychiatrist because they think it is a mental impairment.
2)
Be sure your doctor ties the cause of symptoms to the yme Disease. In
other words, the doctor should confirm that such symptoms as chronic
fatigue, dizziness, nausea, palpitations, cognitive problems, etc. are
being caused by the late affects of Lyme Disease, not something else.
3)
If possible, get a medical source statement or residual capacity form
from your doctor (specialist) which specifies your physical and mental
limitations. Have the doctor address the work-like activities that you
are not able to perform, and to state the severity or degree of each
impairment.
4)
Be sure to follow prescribed treatment to the extent possible. If you
have a complicated case of Lyme, especially one that was not treated
early, treatment may take months or years. It's easy to get discouraged
and give up. Find a doctor who will support you and stay with it.
5)
Try to find an attorney or advocate to represent you who has experience
with Social Security disability cases based on Lyme Disease. Some of
the basics of good representation apply to these cases, however, there
are things about Lyme cases that are approached differently.
https://forsythefirm.wixsite.com/website
-----------
The
Forsythe Firm in Huntsville is available for free consultations for any
impairment leading to a Social Security disability claim. We will meet
with you without cost or obligation. If we agree to represent you, you
do not owe a fee unless you win your claim and collect past due
benefits. We can be reached at (256) 799-0297.
In
about 30 percent of Social Security disability cases, the agency will
send claimants to one of their contracted doctors for a consultative
examination (CE). This usually occurs when there is limited evidence
from the claimant's own treating doctors.
Social
Security contracts with doctors in private practice to perform these
exams. Here is generally what to expect at a consultative exam (CE):
- It will be brief. The doctor may spend as little as 15 minutes with you. Usually there are no tests.
- The doctor has been provided with a checklist of things to look for. He/She will focus only on what is on the list.
- CEs are often not helpful for the claimant.
Here are a few tips that may help the examination go smoothly:
- If
you cannot attend the examination, call the Disability Determination
Service (DDS) which scheduled the exam as early as possible. This
should only be for an unavoidable emergency. Also call the doctor's
office. (The doctor will not call DDS for you; it's important you call
them, too). Never be a No-Show.
- Arrive at the exam site 15 minutes early.
- If possible, have someone drive you to the exam.
- Take a list of all medications and dosage with you.
- Be cooperative with the doctor. Failure to do so will guarantee a bad report to Social Security. Put forth your best effort.
- Don't
try to "sell" the doctor on the fact that you are disabled and should
be on disability. The doctor cannot approve you or sign you up for
benefits. He is a fact finder and has a checklist of medical items to
check during the exam.
- Answer the doctor's questions as directly as possible. Get to the point and avoid unnecessary details or rambling.
Doctors are allowed 30 days to send in their examination reports to Social Security.
What happens if you just don't show for a CE? It almost always guarantees a denial and it may hurt you in the future appeal process, as well.
Unfortunately, disabled veterans sometimes get wrong information, even from Social Security.
Sometimes,
we have known of disabled veterans being told, in effect, that they
cannot apply for Social Security disability benefits because they are still receiving
military pay, or "still working." However, the Wounded Warrior program
permits disabled vets to apply for disability when they
are receiving active duty pay if they are on medical leave, performing
restricted duties or under therapy in a military treatment facility.
Social Security's website states the following:
Active duty status and receipt of military
pay does not, in itself, necessarily prevent payment of Social Security
disability benefits. Receipt of military payments should never stop
you from applying for disability benefits from Social Security. If you
are receiving treatment at a military medical facility and working in a
designated therapy program, or on limited duty, the government will
evaluate your work activity to determine your eligibility benefits.
Even
if you are told by someone at a Social Security office that you do not
qualify for disability benefits, check this with another qualified
source. Social Security personnel are generally well trained, hard
working and well meaning individuals who do excellent work. But, like
in all other areas of life,
mistakes are made. That's why you have attorneys and advocates to
assist you with protecting your rights under the Social Security Act and
to make sure that you get all the benefits you are entitled to, even
when a mistake is made.
If
you need to just check out a Social Security disability claim, or
appeal an unfavorable decision, please feel free to contact the Forsythe
Firm here in Huntsville for a no cost, no obligation discussion. (256)
799-0297.
If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration.
You
need to have recent work to be eligible for disability benefits. You must
have worked at least 20 out of the last 40 quarters, or more simply put,
you must have worked 5 out of the last 10 years.
If
you stopped working at a job that pays FICA tax more than 5 years ago,
you will not be able to get disability benefits, no matter how much you
paid into the system. That money remains in the trust fund (pool) until
you reach retirement age.
Your
Date Last Insured (DLI) is the date you stopped being insured for
disability claims with Social Security. If a disability begins after
the DLI, it is not covered. This is one more good reason not to delay
in filing a claim as soon as you feel you have become disabled.
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award
rates are down at all levels. Here is how awards by administrative law
judges (hearings) have taken a free fall since 2010. Award rates by
year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out.over. The usual suspects are Congressional pressure and hostile media coverage. No one knows if the free fall is over.
----------------
2015 rates are estimated.
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award
rates are down at all levels. Here is how awards by administrative law
judges (hearings) have taken a free fall since 2010. Award rates by
year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out or if the free fall is over. The usual suspects are Congressional pressure and corrupt media coverage.
----------------
2015 rates are estimated.
