Many people are faced with the inability to work at some point in their lives, whether due to illness, accident, or injury. For over 35 years, the firm’s attorneys have helped clients obtain the financial benefits that are so important to their future.
The ultimate question in all Social Security Disability (SSD) and Supplemental Security Income (SSI) cases is why the claimant can’t work. Both programs are governed by a complicated collection of regulations, rulings and case law decisions.
An applicant must have physical and mental limitations that affect work functions that are medically determinable. Work is defined as 8 hours per day, 5 days per week and is referred to as substantial gainful work activity (SGA). Part time work or sheltered work is not SGA.
Generally, the focus for disability requires having significant functional limitations that are characterized as being markedly impaired limitations (that is something more than mild or moderate). The focus for evaluating markedly impaired functions is whether the impairment affects age appropriate cognitive and communications functions, social functions, personal functions or whether there are difficulties in maintaining concentration, persistence, or pace.
Common examples of physical work functions are the ability to sit, stand, walk and lift. Common mental work functions are the ability to concentrate, persist, maintain pace, follow simple one and two step instructions or engage in work with minimal contact with co-workers, supervisors or the general public.
Chances of success increase with a person’s age starting at age 50. Continuous re-filing is usually less successful than appealing an initial denial at least twice up through the Administrative Law Judge hearing level.
Excerpted from SSA Publication No. 05-10029, June 2012
Social Security uses a five-step process to decide if you are disabled.
Even a brief review of the disability determination process excerpted above reveals how complicated Social Security’s regulations can be. Columbus Social Security Disability lawyer Darin Kendall has helped clients navigate the difficult Social Security process and obtain their disability benefits. We serve clients throughout Central and Southern Ohio, including Cincinnati, Dayton, Columbus and Mansfield. Call us today at 844-672-6986 for a free consultation.