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…
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…
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…
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…
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…
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…
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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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…
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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