November 17, 2008
Topic: Intro to Social Security Disability - 1 of 10
Am I Disabled? This can be a difficult question to answer. The simple answer is that if there aren't any jobs you can perform on a full-time basis and you meet the non-medical requirements of social security, you are disabled and should qualify for SSI or Disability benefits. Unfortunately, the Social Security Administration will consider all potential jobs; even ones as simple as a Wal-Mart greeter and assembly line worker. Many claimants that are trying to receive their benefits think they are disabled because "nobody will ever hire" them. While that may be true, a person is disabled because they are incapable of performing any jobs regardless of whether they are hired. There are basically three theories used by Administrative Law Judges and the Social Security administration; 1) A person "Meets" or "Equals" a Listing of Impairments as outlined by the Social Security Administration. 2) The "Grids" or 3) A person is unable to do even sedentary jobs (incapable of doing any work at all). LISTING OF IMPAIRMENTS: Below is the Social Security medical listings categories. You will find individual medical conditions listed in them, but an important thing to note is that just because your condition has the same name as one on the list does not mean Social Security will find that you meet a listing and find you disabled. Each listing has several requirments and in order to meet a listing, you must meet ALL of the requirements of that listing. These listings can be tricky and sometimes difficult to understand and you may think you meet one of them but your medical provider may disagree. You can also be found to "equal" a listing and be found disabled. This happens when your condition is as severe as a "listing", but you don't meet every single requirement of that listing. Basically if the Judge wants to give you "disability benefits", but is unable to justify them based on the technical rules, he can still use his judgment to award you benefits. As a side note, most cases that are "Denied" at the Initial level or "Reconsideration" level, are difficult to prove under a theory of "Meets" or "Equals". So, if you think you may meet one of the Social Security listings make sure you have all the medical evidence that the listing requires available for the SSA at your initial application. Click on the main website to see the list of impairments. THE GRIDS: If a person is between the ages 50 to 54, there are some exceptions to the above general rule. Depending on your age, education, and work experience you may be found disabled if you are found to have a severe impairment or combination of severe impairments, unable to perform your prior work and have no transferable skills, and are limited to "sedentary" (mostly sitting without much lifting) jobs. If a person is between the ages 55 to 65, the same rules apply as above except that instead of being limited to "sedentary" work, if you are limited to "Light" level work, you may be found disabled. LESS THAN SEDENTARY: As discussed above if a person is unable to do even sedentary jobs they may be found disabled. "Sedentary" work is defined as "involving lifting not more than 10 lbs at a time". Sitting is primarily involved in sedentary jobs, but walking and standing may be required only occasionally. Standing and walking should not total more than 2 hours per 8 hour workday, while sitting can total approximately 6 hours per 8 hour workday. Most ot the unskilled sedentary jobs require a person to have good manual dexterity for repetitive handling and fingering of objects. If you are confused or just want more information, please call toll free (888) 855-2948 or go to http://www.mysocialsecurityattorney.com without any obligations.
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