how a disability attorney proves you cannot work

As disability lawyers, we must identify and relate those medical components to your functional capacity as a disabled person. Our focus is to build your case with objective medical and vocational evidence, and help you prove you are no longer able to work. How Does a Functional Capacity Exam Work?

Full Answer

Do I need a lawyer for Social Security disability benefits?

To prove you can't do any sedentary work, you will most likely need the help of a disability attorney; in most cases it's difficult to prove you can't do sedentary work on your own. If you've been denied disability benefits because the SSA says you can do sedentary work, arrange a consultation with a lawyer and ask if the lawyer thinks he or she can prove you can't do …

Should I hire a disability lawyer for medical evidence?

Lastly, you must show that you cannot work in a similar job with reasonable accommodations. Tip #2: Clearly and Honestly Explain How Being Disabled Limits Your Everyday Abilities. Fill out your Adult Function Form truthfully and clearly. Do not leave any required fields blank. Explain which routine tasks and job duties you could do before that you can’t do now because you’re disabled. …

Why can’t I work if I have a disability?

Jun 08, 2019 · To prove that you cannot do sedentary work, you may submit evidence of the following: You cannot lift 10 pounds occasionally, or lighter amounts regularly; You cannot sit for 6 out of 8 hours; You cannot stand or walk for more than 2 hours combined; You must have your legs elevated in a way that interferes with sitting at a desk or workstation;

What happens when you get in touch with a disability lawyer?

Jun 17, 2021 · First, you’ll need to sign a medical records release. Then, they will talk to your doctors and any medical professional who treated you. They will ask for written statements, diagnoses, and the like. If necessary, they will also get sworn statements from the people who know about your disability.

How can I prove that I'm disabled?

First: You can prove disability for EAEDC without a medical review if: You received a letter from the Social Security Administration (SSA) approving you for Supplemental Security Income (SSI) or Social Security (SSDI) but you do not have those benefits yet; or.

Is the inability to work a disability?

We consider you to have a qualifying disability under Social Security rules if all the following are true: You cannot do work and engage in substantial gainful activity (SGA) because of your medical condition. You cannot do work you did previously or adjust to other work because of your medical condition.

What disabilities are hard to prove?

| What are Some Hard-to-Prove Disabilities?...Practice AreasBack and Neck Injuries.Lung Disorders and Breathing Problems.Leg, Knee, and Ankle Injuries.Migraines and Headaches.

What is unskilled sedentary work?

Sitting would generally total about 6 hours of an 8-hour workday. Unskilled sedentary work also involves other activities, classified as "nonexertional," such as capacities for seeing, manipulation, and understanding, remembering, and carrying out simple instructions. The Occupational Base for Sedentary Work.Jul 2, 1996

What conditions limit your ability to work?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments....Mental disorders including:Mood disorders.Schizophrenia.PTSD.Autism or Asperger's syndrome.Depression.

What does it mean to be unable to work?

Unable to Work means the determination by the Company, following an interactive process, that Employee has become physically or mentally incapable of performing Employee's essential job functions, with or without a reasonable accommodation, following any period during which such status would be protected under ...

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

What are the top 10 disabilities?

4 days agoWhat Are the Top 10 Disabilities?Musculoskeletal System and Connective Tissue. This group made up 29.7% of all people receiving Social Security benefits. ... Mood Disorders. ... Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries.More items...

What are 20 points required for disability pension?

To be eligible for a Disability Support Pension, you must be assessed as having an impairment rating of at least 20 points from any of the tables. If you are assessed as having an impairment rating of less than 20 points, your claim will be rejected.

What happens if SSDI appeal is denied?

If your appeal is denied, you will have to file a new application in order to receive benefits or go to federal court. To overturn the ALJ's decision, the Appeals Council must find clear evidence that the decision made by the ALJ was incorrect.

What are examples of sedentary work?

According to the SSA, sedentary work includes jobs that are mostly seated, but may include standing and walking for 2 hours or less each day. These positions require lifting no more than 10 pounds and occasionally carrying light objects (like office papers or folders).Jun 8, 2019

What are some examples of sedentary work?

Jobs that require light even levels of physical activity such as walking or standing are not considered sedentary work. Some examples of sedentary jobs include long-haul driving and desk work. Call center operators, accountants, and receptionists may all hold sedentary jobs.Mar 29, 2019

How Social Security Classifies The Physical Requirements of Jobs

To understand how to win by proving you can't do sedentary work, you need to first understand how Social Security classifies jobs based on their ph...

Limitations That Prevent Sedentary Work

Here are some examples of physical exertional limitations that can result in an RFC that demonstrates you can’t do the full range of sedentary work...

Limitations That Significantly Erode The Occupational Base

There are a couple of limitations that, on their own, erode the occupational base to such an extent that the SSA will find you able to do less than...

How Mental Limitations Can Effect Your Ability to Do Sedentary Work

If you have trouble following simple directions and getting work done (and there is proof that this is due to a legitimate mental condition), you m...

What are the limitations of sedentary work?

Here are some examples of physical exertional limitations that can result in an RFC that demonstrates you can't do the full range of sedentary work: 1 the inability to lift up to ten pounds 2 the inability to stand or walk for more than a combined total of two hours a day 3 the use of medically required hand-held devices to help walking 4 the need to keep one leg elevated 5 the inability to use an arm because of amputation above the elbow, and 6 the inability to sit for six hours out of an eight hour work-day.

What to do if denied disability?

If you've been denied disability benefits because the SSA says you can do sedentary work, arrange a consultation with a lawyer and ask if the lawyer thinks he or she can prove you can't do sedentary work.

What is a residual functional capacity assessment?

An RFC is a detailed report that discusses the work-related limitations that result from your impairment.

How much weight can you lift on Social Security?

To understand how to win by proving you can't do sedentary work, you need to first understand how Social Security classifies jobs based on their physical requirements: Sedentary work takes place mostly sitting down, but allows lifting up to 10 pounds, occasionally carrying objects (like files), and walking and/or standing up to two hours per day.

Can the SSA find you disabled?

The SSA should find you disabled if your medical records show you cannot stoop at all because of your impairment. This is because almost all jobs, even sedentary ones, require some ability to stoop and bend. The SSA has concluded that this limitation erodes the occupational base to the extent that a finding of disabled is generally warranted.

What does RFC mean in SSA?

If the SSA gives you an RFC for a certain level of work, it means the agency thinks you can do that level of work or less. An RFC for medium work, for example, means that you can medium work, light work, or sedentary work. If your RFC says you can do light work, you can do sedentary work as well. Finally, if your RFC says you can do ...

How many disabled people will receive Social Security in 2020?

First, let’s look at the good news. In 2020, 648,121 disabled people got approved for Social Security disability benefits. Imagine how relieved they felt when they heard they’d would soon start collecting those checks!

Can you walk if you have a disability?

A disability may leave you feeling physically unable to work — yet that’s only half the story. Yes, many jobs require you to walk, stand, sit or lift certain objects. But don’t forget to include symptoms that may affect your ability to focus, follow directions or concentrate at work.

How many hours can you work if you are disabled?

To approve your claim, the SSA needs to know you cannot function at work for 40 hours a week. What’s more, you need to show them evidence that your disability stops you from performing your job duties as expected.

What to do when filling out a SSA report?

When you fill out your report, it’s important not to contradict whatever your doctor says. Keep your answer s short and don’t provide a lot of details. For example: If your doctor says you cannot concentrate because of an injury or chronic pain, it makes no sense to tell the SSA you babysit sometimes for your neighbors.

How to fill out an adult function form?

Fill out your Adult Function Form truthfully and clearly. Do not leave any required fields blank. Explain which routine tasks and job duties you could do before that you can’t do now because you’re disabled. Be honest about how often you need help. Think about how long you can stand or sit without pain.

How to stay consistent in an ALJ hearing?

It’s easy to stay consistent if you simply tell the truth at all times. Don’t say on your report that you can’t prepare your own meals, but then say you cook sometimes at your hearing. Instead, update your report any time your condition improves or your symptoms get worse.

What to do if disability is denied?

When your disability benefits application is denied and you decide to appeal the decision , you should first research the disability lawyers in your area. Once you decide on a law firm to contact, you will call their office and they will perform an initial review of your case. The lawyer will look at the details of your case and why you were denied before deciding to represent you.

How to get access to medical records?

Most importantly, they will contact your treating doctors to get written statements about your disability diagnosis; prognosis; and a residual functional capacity (RFC) assessment, which shows the functional limitations of your disability that make it unable for you to work.

Do you have to pay a lawyer if you win a case?

Paying Your Lawyer. As with most legal cases, your lawyer will only be paid if you win your case. You will need to sign a contingency fee that says the SSA will pay your lawyer if you win your case. The money that is paid to your lawyer will come out of your back payment amount.

What to expect before SSA hearing?

Before your hearing with the SSA to determine if your case was wrongfully denied, your lawyer will hold a pre-hearing meeting with you to go over some of the potential questions you will be asked. This will be either in person or over the phone. Among the many questions, these may include:

What does a lawyer do after reviewing a case?

Your lawyer will review the details of your case and determine the best way to pursue your claim. After reviewing everything, your lawyer will be able to determine the best way to proceed with your claim and the likelihood of your claim being approved.

What is disability insurance?

Disability benefits are a federally run program through the Social Security Administration (SSA) that provides financial assistance to those who have become disabled and are unable to work to earn a living wage. Disability benefits can be used to cover the costs of medical bills and everyday living expenses.

How to determine if you are disabled?

The SSA follows a five-step sequential process to determine if a person is disabled: 1 A person cannot earn more than $1,220 a month from working (gainful employment) when claiming disability; 2 A person must have an impairment or combination of impairments that significantly limits their ability to basic work and is expected to last for at least 12 months or result in death (note that you can apply for disability benefits before you have been disabled for 12 months); 3 Social Security will review whether a person’s condition meets all of the requirements for a condition on SSA’s list of disabling conditions or has other factors that equal a condition on that list; 4 If note, then the medical impairment must prevent them from performing any of their past work; and 5 They must not be able to do any other type of work, considering their impairment, age, education, past work experience and any transferable skills (this last step requires Social Security to identify other work that exists in significant numbers in the national economy).

What are the limitations of sedentary work?

These include an inability to bend, a need for medication that impairs concentration and focus, or the need to elevate your legs above waist level.

How do I qualify for Social Security Disability?

To qualify, you first must have worked in jobs in which you paid into Social Security. Then, you must have a condition or combination of conditions that meets the SSA’s definition of disability. The SSA follows a five-step sequential process to determine if a person is disabled:

Can you sit in one place all day?

Importantly, sedentary work does not necessarily mean just sitting in one place all day. Under SSA requirements, a person doing sedentary work typically must be able to lift objects of up to 10 pounds, carry these objects, walk and stand. This is an important distinction to remember as you move through the disability benefits process.

What is residual functional capacity?

A residual functional capacity (RFC) is an assessment tool used by the Social Security Administration (SSA) that determines what work-related limitations an applicant may have as a result of their impairment. An RFC is used to determine what is the most that an applicant can do on a regular and continual basis.

How many hours a day do you have to walk to work?

According to the SSA, sedentary work includes jobs that are mostly seated, but may include standing and walking for 2 hours or less each day. These positions require lifting no more than 10 pounds and occasionally carrying light objects (like office papers or folders).

Can I get disability at age 50?

For most individuals under 50, in order to qualify for disability benefits, you must be able to demonstrate that you are completely disabled, and unable to perform even sedentary work on a regular basis (usually Social Security considers only the ability to perform full-time, competitive work when deciding if you are disabling).

How to explain disability?

After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that: 1 your condition meets a disability listing 2 you cannot go back to your previous work or engage in any substantial gainful activity 3 your “limitations” prevent you from working 4 you cannot even do a sedentary type of work

What happens if you have never applied for disability?

If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application. The information you’ll provide them about your denied disability is essential.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

What to do if you are denied disability?

Stay Calm. The most important thing to remember if you’re denied disability and can’t work is to stay calm. Your initial reaction may be shock and panic, but the denial isn’t permanent. Instead, try out a few of the above suggestions. And if you’re worried, enlist the help of an experienced attorney.

How long does it take to get a disability hearing?

You must request the hearing within 60 days of your latest decision notice. For your disability hearing, you’re required to turn in additional evidence proving your eligibility. Then you wait for a hearing date. This can take longer than a year to receive, so patience is important.

What happens if you are denied Social Security?

You’ll then receive the judge’s decision a few months later. If denied, you have two more chances to appeal. If all appeals fail, you can file a federal lawsuit.

How long does it take to get a reconsideration review?

A reconsideration review is technically your first appeal. The social security office must receive this paperwork within 60 days of your decision notice. You can submit your paperwork online or mail it in, depending on your preferences.

What happens if all appeals fail?

If all appeals fail, you can file a federal lawsuit. But as you’ve probably gathered, this whole process takes an extremely long time — a long time that you’re not receiving an income. This is why many people seek alternatives, like workers’ compensation.

How Does a Functional Capacity Rating Help My Disability Case?

Our law firm works closely with our clients in ways that many physicians do not.

How Does a Functional Capacity Exam Work?

The Functional Capacity Evaluation is a series of standardized, physical tests. These measures are especially useful for claimants with musculoskeletal disorders. Testing is generally conducted by a physical or occupational therapist, and takes about 4-5 hours to complete.

What is DIB or DIB?

The DIB program provides financial benefits to individuals who have a disabling physical or mental condition that prevents them from being able to work. In order to qualify, the disabling condition must either be expected to last for at least one year or result in death.

How to apply for DIB benefits

Applying for DIB benefits can be a very complicated process. Because of this, it is always a good idea to get help from an experienced Social Security Disability lawyer who can help guide you through the process.

What if the application is denied?

It is surprisingly common for DIB applications to be denied on the first try. The good news, though, is that the Social Security Administration offers several opportunities for appeal. If your initial application was denied, it does not necessarily mean that you will never be awarded benefits.

How Your RFC Determines Whether You Can Do Your Past Work

• For the vocational expert to be able to say you can do your past job, you need to have the "residual functional capacity" to do it. A residual functional capacity (RFC) assessment is a detailed report that describes the most exertion you can do in a normal work setting on a regular and continuous basis. (For the basics, see our article on the RFC assessment.) You'll need to prove that you no l…

See more on disabilitysecrets.com

Making Sure The Vocational Expert Uses The Right Job

How The Ve Uses Your Job Title During The Disability Decision

Special Accommodations and Past Relevant Work

For More Help

Lawyers and Social Security Disability

Initial Review

Gathering Medical Evidence

• In order togain access to your medical records to gather evidence, the lawyer will have you sign a medical privacy release that allows them to do so. Most importantly, they will contact your treating doctors to get written statements about your disability diagnosis; prognosis; and a residual functional capacity (RFC) assessment, which shows the functional limitations of your d…

See more on disabilitybenefitscenter.org

Pre-Hearing Meeting

Developing Theory For Your Case

Paying Your Lawyer

Additional Resources