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 decide 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…
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.
I have a hearing today with one of the new judges in Manchester, New Hampshire for a claim involving work under special conditions.
Social Security’s regulations discuss work activity in 20 C.F.R. 404.1573, and work under “special conditions” is covered in 404.1573(c):
If your work is done under special conditions, we may find
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I have had conversations recently with disability claimants having problems with their date last insured (DLI).
Social Security disability is an insurance program, and a portion of the FICA payroll taxes withheld from every paycheck pays the disability premium. However, if you stop working, you stop paying the premium. Eventually, your disability insurance will lapse. The…
Social Security classifies the physical exertion requirements of jobs as sedentary, light, medium, heavy and very heavy. See 20 C.F.R. 404.1567. Social Security gives those terms the same meaning as they have in the Dictionary of Occupational Titles.
The light exertional level involves lifting no more than 20 pounds at a time with frequent…
At step 5 of the sequential evaluation process, Social Security considers four factors to determine whether or not you are disabled: your residual functional capacity, your age, your education, and your work experience. 20 C.F.R. 404.1520(a)(4)(v).
Social Security defines several educational levels. See 20 C.F.R. 404.1564.
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An important aspect of your past relevant work is the skills you may have learned on the job. Social Security analyzes skills using the Specific Vocational Preparation (always referred to as SVP) criteria set forth in Appendix C of the Dictionary of Occupational Titles.
The SSA recognizes three classifications of skill level: unskilled work, semi-skilled work and skilled work. Let's…
Social Security considers your Past Relevant Work (PRW) at step 4 of the sequential evaluation process. It is important to properly define your past relevant work, because it can only hurt you in a Social Security disability claim. If Social Security determines that you have the capacity to return to your PRW, your disability claim will…
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).
A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and…
A client recently retained me after receiving an inital denial of his Social Security disability claim. He over 55 years old, and can no longer do his past relevant work, partly due to knee and ankle problems resulting from an old injury.
I have reviewed the disability claim file, and he was denied disability because…
