If you have worked at the SGA level at any time since the alleged onset date of your Social Security disability claim, it can be problematic for your claim. You must have (or expect to have) a 12-month period of disability to qualify for Social Security disability (or have a condition which is expected to
Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
Past Relevant Work Overview
By Gordon Gates on
In view of the seismic rule change reducing the past relevant work period to 5 years, and new Ruling 24-2p, it is a good time to review the various issues involved with past relevant work (PRW).
At Step 4 of Social Security’s sequential evaluation, the SSA considers your ability to perform your past relevant…
5-year period for PRW now in effect
By Gordon Gates on
The new 5-year period for past relevant work (PRW) becomes effective today. New DDS determinations and ALJ decisions will only evaluate 5 years of past work. The 5 years runs from the date of adjudication (or the date last insured, if earlier). See 20 C.F.R. 404.1565(a) and Ruling 24-2p.
In the world of Social…
Title II Waiting Period
By Gordon Gates on
When you are awarded Social Security disability benefits, you do not receive benefits beginning on your onset date (which is the date you became disabled, and were not working). Rather, there is a 5-month “waiting period” before benefits accrue.
As a practical matter, however, it is often a 6-month waiting period. This is because the…
What is a Medically Determinable Impairment?
By Gordon Gates on
Posted in Impairments, Terms
Social Security requires a medically determinable physical or mental impairment as the basis for a finding of disability. The “medically determinable” language is part of the definition of disability in the Social Security Act itself. See 42 U.S.C. 423(d)(1)(A).
The impairment(s) must result from anatomical, physiological, or psychological abnormalities that can be shown by medically…
Past Relevant Work and Acquired Job Skills
By Gordon Gates on
Posted in Terms, Vocational
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…
Residual Functional Capacity
By Gordon Gates on
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…
Reserved to the Commissioner
By Gordon Gates on
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…
On the Record Request
By Gordon Gates on
Posted in Practice notes, Terms
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…
Borderline Age Situations
By Gordon Gates on
Social Security considers the age of the claimant at step 5 of the sequential evaluation. Age plays no role in steps 1 through 4.
Age is a vocational factor which dictates where you fall in the Medical-Vocational Guidelines, which are used to determine disability at step 5 for claimant’s who have physical impairments.…