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May 15, 2019

Why Does Social Security Disability Care About My Past Jobs?

Many of my clients applying for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) wonder why I ask them about jobs they have performed in the past.  In claims for disability benefits, Social Security evaluates whether they believe you can return to jobs you held in the past. They look at the last 15 years of your employment history. As you can imagine, it may be easier to return to work at a call center as opposed to a heavy construction job.  In this blog, I will briefly explain how this process works. During the Social Security claims process, the Social Security Administration (SSA) will examine your past work to see if you can return to that work with the medical impairments you are experiencing.  At the initial stages, a disability examiner will look at your job titles along with the physical and mental demand levels of your past employment.  If the disability examiner determines you can do your past work, your claim will be denied.  If you cannot perform your past relevant work, the SSA will also determine whether you acquired transferable skills to perform a job with lower exertional requirements.  If they determine there are jobs you can perform with your transferable skills, your claim will also be denied.  Many of my clients are denied for these reasons. This is something you can appeal, and it is usually in your best interest to do so.  After appealing a disability denial, you may find yourself at an Administrative Law Judge (ALJ) hearing.  There will be a Vocational Expert (VE) at the hearing to testify about the demands of your previous employment and occupations in the labor force that can be performed with certain physical and/or mental restrictions.  This is where your attorney or representative can help the … Continued

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January 16, 2015

I Can’t Work a Full Time Job; Can I Get Social Security Disability?

Many people think of a “disabling condition” as one that prevents a person from performing the physical requirements of a job, such as lifting a certain amount of weight or being able to stand at a work station.  However, many of my clients suffer from impairments that, rather than affecting their physical strength, prevent them from being able to work a full eight hour day or make it in to work every day of the work week.  For example, some of my clients deal with debilitating fatigue; they can perform all the aspects of a job for a few hours but then are too exhausted to continue.  Others suffer from episodic illnesses in which they might be fully functional for a few days or even a few weeks at a time, but they have frequent flares of their symptoms that completely debilitate them for days.  Some of these clients are able to hold down a part-time job but would never be able to work a forty-hour workweek. If you have a severe medical impairment that prevents you from working a full-time job, you may be entitled to Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  It is important to remember, though, that Social Security has rules about how much you can earn while working part time.  If your monthly earnings are higher than their rules allow, Social Security will automatically find that you are not disabled.  Social Security calls this cutoff “Substantial Gainful Activity” (SGA); in 2015, if you make more than $1,090.00 per month gross (before taxes are taken out) your earnings are above SGA.  If you are statutorily blind, the income threshold is quite a bit higher; you can make up to $1,820 before you exceed the SGA level.  If you are working part-time and … Continued

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