Being unemployed, unable to find a job, nobody will hire you, lacking the education or skills to get a job....these do not qualify for disability benefits. They are EMPLOYMENT problems, not DISABILITY PROBLEMS.
To get disability benefits, you must focus on why you are not able to work, not why you can't get a job.
The regulations say that if you are able to work you are not disabled, regardless of whether you can get a job or not.
You must have a medical impairment that prevents working.
One of the first questions a judge will ask at your disability hearing is: "Why did you stop working in 2016?" I hold my breath, because the answer to this question can kill a disability claim in its tracks. Here are some actual answers to the question, "Why did you stop working?"
- I moved and didn't have transportation so I coudn't get to my job. (Not a medical disability).
- The plant closed down and I was just never able to find another job, even though I looked for a year. (Not a medical disability).
- There was a big layoff and about 75 people lost their jobs. I was one of them. (Not a medical disability).
- About that time my wife got really sick and there was nobody to take care of her, so I quit work to care for her until she got better. (Not a medical disability on the part of the claimant).
- I got sick and had to have my gallbladder taken out. While I was recovering, my employer hired somebody to take my job. When I got well, my job was gone." (Not a qualifying medical disability because gallbladder surgery doesn't keep a person out of work for 12 consecutive months, which is required for Social Security disability; also, Social Security would say, "Find another job.").
- I quit because I needed a job with flexible hours so I could be at home when my kids got home from school. I only have a 9th grade education and everywhere I applied told me I needed a high school diploma to work there." (Again, not even close to a medical disability).
One of the things I hear a lot is this one: "My job involved driving using heavy equipment and driving commercial vehicles. My diabetes got so had that I couldn't pass the medical exam for my commercial driver's license. On top of that, my boss told me that I was a liability to the company and he just couldn't afford to keep me on. In fact, several places where I applied for work have told me the same thing. I'm too much of a liability and they won't hire me."
This is getting closer to a medical disability, but it isn't quite there yet. Being a liability or failing to get a license is not, in and of itself, a disabling condition. There are other jobs that don't require operating heavy equipment or driving. If the claimant is able to perform one of the other jobs (with any employer) he is not disabled. Notwithstanding, severe diabetes may be disabling. However, we will need to prove that with medical records. Again, the standard will be that the symptoms of diabetes are so severe that the claimant can't do any work that exists in the national economy. This generally will include not being able to do simple, unskilled sedentary work like parking garage attendant, small products assembler, or hand packager.
There are many individuals who are not working for one reason or another. They are not covered by Social Security unless there is a severe medical impairments which prevents their ability to work. Further, Social Security will require objective medical evidence in black and white to prove this.
If you are considering a Social Security disability claim, think in terms of
Why I'm medically unable to work
vs.
Why I can't get a job
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.
For those who don't practice in Social Security disability law, DLI doesn't mean much. However, if you are about to apply for disability benefits, DLI is a critical term. It tells you basically whether or not you can file a new claim.
DLI stands for Date Last Insured. Social Security requires that a person be "insured" at the time they first became disabled. How does one get and stay insured? By working. From every paycheck, your employer will deduct approximately 7.5 percent of your wages and send it to the Social Security trust fund. This tax is like the premium you pay on your car or homeowners insurance. So, to be "insured," you must have worked a certain amount. Not only that, but the work must have been recent enough--because your insured status will expire a few years after you stop working. You will need a certain number of quarters of coverage to be insured.
One earns a “quarter of coverage” or a “credit” based on one's taxed earnings in a particular year. In 2017, a quarter of
coverage or a credit is earned for each $1300.00 in
taxed earnings you have posted to your Social Security record. Thus, by
working for an employer who has paid you $5200.00 (or by claiming a
net profit of $5200.00 as a self-employed individual) during the course
of 2017, you will accrue 4 quarters of coverage.
How many quarters of coverage do you need to be insured? It depends on your age. The best way to know if you are insured for disability benefits is to call your local Social Security office.
I was recently contacted by "Betty," who is certainly disabled and would be entitled to Social Security benefits. The problem is, Betty stopped working back in 2003. Her insured status at Social Security expired on 12/31/08. She didn't become disabled until about 3 years ago. Thus, her insured status had expired before she became disabled. Therefore, she is not entitled to file a Social Security disability claim.
I use a simple example to explain this. Suppose my house burns. It isn't enough that I once had insurance on the house. I must have insurance in force at the time the house burns. That would depend on whether I paid my premiums or not.
So, whether or not you are insured by Social Security disability depends on when you stopped working and paying FICA tax into the Social Security trust fund. Generally speaking, you will be covered for about 5 years after you stop working.
The Social Security Administration recognizes that persons over the age of 50 may not adjust to new careers or types of work as easily. Therefore, they use Medical-Vocational Guidelines to make disability benefit approval easier in some cases.
These guidelines take into consideration more than the claimant's medical condition and limitations. They also consider age, education and past work experience.
I recently had a hearing with a 55 year-old individual who is not able to continue working at a job she has held for more than 25 years. With a younger individual, the judge might have found that she could adjust to new, less demanding work and denied benefits. In this case, the judge found that Medical-Vocational Guideline 201.10 directed a finding of disability, and approved benefits.
Social Security disability is terribly complex and challenging. I encourage you to seek out a reputable advocate who will seek ways to use the law to get the benefits you are entitled to. Remember, at my firm there is never a fee for an initial consultation. There are numerous professionals here in North Alabama that operate on the same principle. Seek out one of them.
Getting approved for a disability benefit is not really about money. It's about getting your life back.
Disability can be a great robber. It can steal more than your money. It can destroy huge parts of your life. Think about all the things that can be in jeopardy when you can't work any more:
- Peace of mind
- Medical treatment
- A decent place to live (for many)
- Enjoyment of life and activities
Of course, restoring some income isn't the full answer to getting your life back. But it's a good place to start. Disability benefits can provide good medical care, medicines, specialists to treat pain or depression; and you may be able to simply improve your quality of life.
If you're seemingly at a dead end and don't know where to turn, seek out a reputable attorney or disability advocate for a free consultation. Stop groping in the dark. Let someone with experience try to help you. If you are not successful, it won't cost you anything.
The maximum Social Security Disability
(SSDI) benefit in 2017 is $2,687 per mo.
An average SSDI award is worth over $400,000 according to one government study.
This isn't small potatoes!
If you are disabled through no fault of your own, go after the maximum Social Security benefit you are entitled to, including your back pay.
Hello, I'm Charles Forsythe, founding partner of the Forsythe Firm. It's my job to analyze your claim and help you get maximum benefits in the shortest time possible. Using a professional advocacy firm for legal representation usually results in an easier process and more money. We never charge a fee for a consultation and you never pay us a fee until after you win and collect your back payments.
Call us for a free consult today. (256) 799-0297.
If a worker cannot maintain concentration, persistence and pace, he or she may be disabled and eligible for benefits.
Social
Security views work as the ability to sustain work like activity 8
hours per day, 5 days per week, or an equivalent schedule. In addition,
the worker must not be excessively off task, must not require
additional rest breaks and must work at a fast enough pace to meet the
job's demands.
Concentration:
Most experts recognize that every worker will be off task about 5 to 9
percent of the time. However, concentration can be decreased by pain,
discomfort, anxiety, depression or other psychological factors. When a
worker is persistently off task 10 percent of the time or more, during
an 8-hour workday, he may not be able to sustain work and would be
legally disabled.
Persistence:
The regulations consider full-time work to be 8 hours a day, 5 days a
week or an equivalent schedule. (SSR 96.9(p)). A person may be able to
work some days, but not others. She might be able to work a few hours
per day but not 8 hours. In cases where work is restricted to less than 8
hours per day, or less than 5 days per week, there is a problem with
persistence. Also, if an individual requires extra breaks during the
work day, this causes a problem with persistence. This is reason for a
person to be considered disabled.
Pace:
A worker must be able to maintain acceptable pace. That means that he
or she must be able to work fast enough and with sufficient regularity
to keep up with the demands of work. If the individual needs additional
time to complete tasks, often cannot finish his/her work or requires
excessive supervision to complete tasks, this may be a disability,
provided it is the result of a documented physical and/or mental
impairment.
A
good attorney or representative will evaluate the claimant's ability in
the areas of concentration, persistence and pace and will use the
Social Security definitions and regulations to build a disability case
based on a lack of these abilities. Your representative may also wish
to question Social Security's vocational expert (present at most
hearings) about C/P/P issues.
I
often encounter claimants who can work a few hours a day but cannot
"hold out" to work 8 hours. Some individuals can work 4 or 5 hours a
day but then have to go home and rest. Some of my clients can even work
most days; however, there are a few days out of the month that they
cannot work because of pain, fatigue, emotional problems or a chronic
exacerbation of other problems. The rule generally is that no more than 1 absence per month is permitted. These individuals fail the test for concentration, persistence and pace. They are disabled and they qualify for benefits under the regulations.
