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November 25, 2016

Should I Bring a Cane To My Social Security Disability Hearing?

Many of my clients need an assistive device to get around more easily. The need for a cane, crutches, walker, or wheelchair may be necessary to walk even the shortest of distances.  Asking if you need to bring one of these items to your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing should not even be a question.  You either need this type of assistance or you do not.  The inability to ambulate effectively is necessary to fulfill a wide variety of jobs above the sedentary (Sitting) exertional level.  The need for such an item can erode the job base and can enhance your chances of winning your claim. Is it good enough just to go pick up a cane at the local pharmacy without a prescription or maybe borrow one from a relative? Many Administrative Law Judges (ALJ’s) will require you to have a prescription for an assistive device from your treating physician in order to recognize it as being medically necessary.  Many judges will not acknowledge the need for a cane without a physician stating it is necessary even though you may have been using it for years.  Documentation from treating sources can be key in a successful Social Security disability claim. Any medical source statements showing your inability to stand or walk for any extended duration may also convince the SSA that you are unable to perform certain types of occupations. As you age, and at the same time, have never engaged in or acquired transferable skills to a sitting occupation the SSA may find you disabled pertaining to medical vocational guidelines they use to make a finding of disability.  In Social Security’s world you inability to walk and stand can be a major factor in a finding of disability. In summary, this blog … Continued

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March 11, 2016

Your Residual Functional Capacity and Your Social Security Disability Claim

If you have a Social Security disability claim, you have probably heard or read about your “residual functional capacity” or, for short, your “RFC.”  In short, your RFC is an assessment of your physical and mental abilities to work.  Social Security evaluates your ability to perform specific functions that are required in all types of work, such as: Sitting Standing Walking Lifting, pushing, and pulling Climbing Kneeling, stooping, and crouching Reaching Handling Fingering Tolerating exposure to temperature extremes, humidity, noise, or workplace hazards Understanding and remembering work instructions Completing tasks Interacting with other people Maintaining good attendance at work and staying on task during work time Adjusting to changes in the workplace Why does the Social Security Administration (SSA) evaluate your RFC?  To find you disabled, Social Security has to find that you are unable to work.  Jobs in the economy are classified based upon exertional level, skill level, and required education level.  They are further categorized according to the different physical and mental capabilities required to perform them.  Different types of limitations have differing levels of effect on your ability to work in a wide range of jobs.  For example, if you have difficulties using your hands and are found to only occasionally be able to handle or finger, you are likely prevented from doing most jobs because almost all jobs require you to use your hands fairly often.  Conversely, even if you are completely unable to climb ladders, kneel, or tolerate temperature extremes, Social Security will likely find a broad range of jobs that you would be able to perform in spite of those limitations. Probably the most prominent factor in an RFC is your exertional level – how much weight you can lift and how often, and how long you can stand and walk.  Jobs can be … Continued

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