Saturday, November 10, 2018

SOCIAL SECURITY EXERTION LEVELS: WHY THEY MATTER

One of the big things a Social Security decision maker must do is determine the claimant's capacity to perform different levels of work.  In other words, can he perform very light work or harder work?

Social Security considers 5 levels of work.

Very Heavy work.  This is very physical work which may require lifting 100 pounds or more.  Very few people can perform this work for 8 hours per day.

Heavy Work.  This requires lifting more than 50 pounds regularly and up to 100 pounds occasionally.

Medium Work requires lifting at least 25 pounds frequently and up to 50 pounds occasionally.

Light Work would require lifting more than 10 pounds frequently but no more than about 25 pounds occasionally.

Sedentary Work is the easiest.  It can be performed mostly from a seated position and may require standing/walking for only about 2 hours per day.  Sedentary work only requires lifting up to 10 pounds occasionally.

WHO DECIDES A CLAIMANT'S CAPACITY?

In a hearing, the administrative law judge will decide how much capacity the claimant has.  This is based primarily on a review of the medical records, although claimant testimony is taken into account IF supported by the medical record.

A doctor may provide his or her opinion about capacity.  That's why a claimant's attorney/representative may provide a form for the claimant's doctor to complete.  The form will ask about the patient's ability to sit, stand, walk, bend, kneel, lift, etc.  The purpose of this form is to help Social Security properly determine how much capacity for work the claimant has, in spite of his/her impairments.

WHAT IS THE REQUIRED STANDARD FOR APPROVAL?

If under the age of 50, claimants must show that they are restricted to less than sedentary work capacity.  In other words, they are not able to sit at least 6 hours out of an 8-hour day, to stand/walk at least 2 hours per 8-hour day, and cannot lift at least 10 pounds occasionally. This is why it is so difficult to get approved if you are below age 50.

Who Can Evaluate Your Case and Determine the Strength of Your Disability Claim?

An experienced attorney or disability advocate can review your claim and evaluate whether you meet the basic requirements of Social Security disability.

P.S.  If there are restrictions from mental impairments (depression, PTSD, anxiety, etc.), these are evaluated independent of exertion restrictions. 


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