An important aspect of your past relevant work is the skills you may have learned on the job. In the context of Social Security disability, the touchstone for job skills is Social Security Ruling 82-41. That Ruling states:
A skill is knowledge of a work activity which requires the exercise of significant judgment that
Social Security’s Program Operation Manual Series (POMS) states that an RFC must reflect the claimant’s ability to work on a sustained basis. See POMS Section DI 24510.057
RFC represents the most a claimant can do despite his or her limitations or restrictions. Ordinarily, RFC is the individual’s maximum remaining ability to do sustained work
Your Residual Functional Capacity (RFC) is the cornerstone of your Social Security disability claim. Unless you meet a listed impairment, the administration’s assessment of your RFC will determine the outcome of your disability claim.
The RFC is Social Security’s assessment of your abilities to do sustained physical and mental activities on a regular and
I frequently talk to clients and potential clients, who say “I am diagnosed with x, y, and z, so I cannot work.” I hear this statement almost every week.
Here is how I respond:
“Well, x, y, or z can certainly be a basis for disability. But the issue in your case, and the reason
I have three clients at various stages of the Social Security disability process whose past relevant work is solely as a surgical technician, or surgery tech. Obviously, assisting the doctor in the operating room is a demanding job. The Dictionary of Occupational Titles describes the job as Light, SVP 7 (DOT Code 079.374-022).
At step 4 of Social Security’s sequential evaluation, the SSA considers whether or not you have the ability to return to your past relevant work. The SSA considers your past work, both 1) as you performed it (and described it in your Work History Report), and 2) how that work is generally performed
Certain findings in a Social Security disability case are reserved to the Commissioner. Particularly, the determination of whether or not your are disabled is reserved to the Commissioner. See 20 C.F.R. 404.1520b(c)(3). Therefore, your doctor’s opinion that you are disabled in given no special significance by the SSA.
In fact, the heading for this
Substantial Gainful Activity (SGA) is the amount of money you can earn from wages and still be eligible for Social Security disability benefits. The SGA amount is important for two classes of people:
A person applying for disability benefits must have (or be expected to have) a period of 12 consecutive months with wages below
Social Security has a number of policy rulings that expand upon the regulations contained in the CFR. Social Security Rulings are binding on all components of the Social Security Administration, in accordance with 20 CFR 402.35(b), and are to be relied upon as precedents in adjudicating cases.
Anyone serious about representing clients before the
An “on the record” (OTR) request asks Social Security to grant your case on the record without a hearing. This request is for claims pending at the hearing level at the Office of Hearings Operations (OHO).
OTRs are favored by Social Security, because they save valuable resources. Why go though the hearing process if the