Sunday, July 16, 2017

WHY MOST PEOPLE GET DENIED FOR SOCIAL SECURITY DISABILITY

Of all the reasons claimants get denied for Social Security disability benefits, one reason stands out above all others.

It is because Social Security determines that there is some work in the national economy that the claimant can still perform, in spit of his/her impairments.

The regulations require that a person who is able to work (at any job) cannot receive Social Security disability benefits.  Therefore, if Social Security determines that you can perform some simple, unskilled repetitive job--you will be denied.  Whether or not you can find one of those jobs makes absolutely no difference.

This assumption that you can work comes from something called the "Residual Functional Capacity" or RFC, which is engineered by the Social Security decision maker. At the hearing level, the administrative law judge will come up with your RFC.  RFC is the maximum you are able to do in terms of work related activities, such as sitting, standing, walking, bending, lifting, reaching, kneeling, etc.  If the RFC permits even sedentary unskilled work, benefits are usually denied.

Here is the key:  Don't let the judge have the sole input in what your RFC is.  Prior to the hearing, get your doctor to fill out a residual functional capacity form.  These forms are often called "medical source statements" or "treating source statements."  These forms give the judge less leeway in saying that you can perform the work of a pickle pusher, or a food and beverage order clerk, or a sack mender, etc.  The judge doesn't have to accept your doctor's RFC, but he or she must consider it.  And if the medical evidence supports it, it will likely be adopted.

The path to Social Security disability benefits goes through your doctor's office.  When possible, get your doctor to help your case by providing a residual functional capacity form or medical source statement form.  



 

 

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