3 FACTORS DETERMINE IF YOU ARE DISABLED

You must be disabled under the rules of the Social Security Administration (SSA) in order to receive a monthly disability benefit. And their rules are many and complex.

Here are some of the most important factors Social Security will consider in making a determination on whether you are disabled:

1. YOUR AGE. The rules actually change with your age. Look at the age categories with SSA:

• Younger Individual - Under age 50. May adjust to other work.

• Ages 50 - 54. Closely Approaching advanced age. Age + severe impairment(s) + limited work experience results in the inability to adjust to other work.

• Age 55 and above. Advanced Age. Significantly affects a person's ability to adjust to other work.

• Age 60 and above. Closely Approaching Retirement Age. Special rules apply.

Simply put, older person's have an easier time being found "disabled" compared to younger persons.

2. YOUR RESIDUAL FUNCTIONAL CAPACITY (RFC) - based on the severity of your impairment(s).

RFC simply means "the most you are able to do in terms of work-like activity." Some impairments place few limitations on the ability to work, while other impairments can place many restrictions on work activity. Decision makers must determine if you are restricted to Sedentary, Light, or Medium work. The more restricted you are, the more likely you will be found "disabled." Your medical records are very important.

3. YOUR "PAST RELEVANT WORK" (PRW). This means all the significant work you have performed within the past 15 years. Older jobs are not considered. A person who is judged unable to perform any of his or her PRW is more likely to be approved, especially in the Advanced Age category (55 or above). Past Relevant Work is an issue to be addressed in EVERY Social Security disability case. It cannot be escaped.

While other factors like the claimant's credibility, character, or drug or alcohol abuse may certainly be considered, the above are the Big 3.

Your attorney often must find ways to rule out Past Relevant Work in order for you to be approved for benefits. I always try to document restrictions of activity or mental acuity to rule out past jobs. In other words, I may try to document that my client cannot do the sitting, standing, lifting, reaching, bending, or lifting required of past work. Or, I may document that my client has mental impairments that prevent the memory, insight, judgment, or working with supervisors/coworkers/public that previous work requires. This is tricky and must be supported by objective medical or professional evidence.

Claimants who get denied are usually denied because they are young enough to adjust to many different types of work; or they have a Residual Functional Capacity that isn't very restrictive of their ability to perform work; or they have some Past Relevant Work that they are judged still able to perform.

These 3 factors must be examined and prepared before a hearing before an administrative law judge. The judge will examine these things because the law requires it in every case.

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Charles W. Forsythe has represented thousands of claimants in Social Security cases in Alabama, Tennessee, Kentucky and several other states. Contact him for a free consultation at (256) 799-0297.