What is Disability

Here  is a common situation I experience in my office:  A fifty year old or older man or woman comes into the office.  I am told,  " I suffered an illness, injury, or disability and I cannot return to my job.  I want social security disability benefits that I have earned". 

Before any discussion can be had as to the procedure, the client needs to understand what disability means in the social security disability arena.  It is not simply unemployment insurance!

Social Security defines disability as: the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less then 12 months not only unable to do his previous work but cannot considering his/her age, education and work experience, engage in any other kind of substantial gainful work which exists in significant numbers in the region or nation.

To understand the definition, it is helpful to break it down into its subparts:  First, you must have a "medically determinable physical or mental impairment".  Second, if you have such an impairment,  it must prevent you from performing substantial gainful activity.    Third, the impairment must lead to death or disrupt ability to work for at least 12 months or longer.  

This is the point that outlines the common situation that I described at the beginning of this blog.  What is missing is the Fourth element.  Fourth; it is not enough that you have a condition that fulfills the top three elements.  The fact that you cannot return to your old job, in itself is not a reason to obtain an award of disability.   To obtain an award, the impairment must also be so severe as to impose a severe functional limitation sufficient to prevent the ability to perform work activity.  In short, given the functional limitations imposed upon you by your impairment, is there a job in the national or regional economy that you could still do.

Jobs that no one seems to have heard of come to the forefront, for example, bench assembly, feather cutter etc.

In the majority of cases that go before an administrative law judge, this is the main issue in contention, and yes, it is in many instances a subjective determination by the judge.  I say that because in many cases the evidence turns on the judge's decision on credibility of you, or your doctor, or your witnesses.

If there is a stage of the proceedings that need the assistance of an attorney it would be before the administrative law judge.