SOCIAL SECURITY DISABILITY LAW BLOG

 Subscribe to my RSS feed


April 28, 2011

An experienced Detroit disability attorney can elicit detailed testimony that will establish your limited ability to work

Filed under: Ability to work, Blog, Disability hearings — admin @ 5:24 pm

In my experience as a Detroit disability attorney, I have learned that the success (or failure) of a claim often lies in the details the claimant provides at his or her disability hearing. The details you provide will be critical to establishing your limited ability to work.

For example, assume your application for disability benefits was denied because the Social Security decision-maker determined you are capable of performing sedentary work. This means that the decision-maker determined you are capable of sustained work on a regular and continuing basis – generally, for eight hours a day, five days a week. Detailed testimony about the nature of your daily activities can help to prove that this determination was made in error. For example, if you testify that your daily activities include “washing the dishes, vacuuming and grocery shopping,” the hearing judge may conclude that you are more than capable of sedentary work and deny your appeal.  If, however, you provide details about these activities, the judge may reach a different conclusion. Persuasive details might include:

  • “Washing the dishes” means loading the dishwasher a few times a week, which takes about five minutes. Unloading the dishwasher is too strenuous because of the lifting and reaching involved.
  • “Vacuuming” means pushing the vacuum across the floor in just one or two rooms of the house, once a week. Afterward, you have to lie down and rest for at least an hour.
  • “Grocery shopping” requires you to use an electric cart. Your spouse or a friend has to go with you to remove items from the shelves and accompany you home to unload the bags and put items away.

An experienced Detroit disability attorney can help you present persuasive testimony at your disability hearing by eliciting details like this, that plainly demonstrate your limited capacity for work. If you are not currently represented by counsel, I may be able to help. Please contact me for a free initial consultation.

 

SOCIAL SECURITY DISABILITY LAW BLOG

 Subscribe to my RSS feed


April 15, 2011

Detroit disability attorney discusses mental disorders and residual functional capacity

Filed under: Ability to work, Blog, Impairments — admin @ 7:30 pm

As I discussed in my post last week (4/5/11), “residual functional capacity” (RFC) is your current ability to perform work-related functions, despite the physical and/or mental limitations caused by your impairment. If your claim for Social Security disability benefits is based on a mental disorder, proving your limited RFC can be challenging. In general, you will need to establish that you are severely limited in your ability to perform the basic mental functions required for work, on a sustained basis (e.g., for an 8-hour workday, 5 days a week). Basic work-related mental functions include:

  • Following simple instructions;
  • Exercising sound judgment in relation to simple work-related decisions;
  • Responding appropriately to supervision;
  • Dealing appropriately with co-workers and typical work situations; and
  • Handling changes in a routine work setting.

 Your testimony at your disability hearing will be a key piece of evidence in establishing your mental RFC. You should be prepared to give detailed answers to questions like these:

  • Are you able to concentrate and focus your attention for a block of time, say for the two hours between the time you might first arrive at work and your first scheduled break?
  • Do you work well on a schedule?
  • Are you able to work on your own, without special supervision?
  • Do you find it distracting to work with others or in close proximity to others?
  • Are you able to maintain a regular schedule – show up at work on time, every day? Why not?
  • Do you feel confident in your ability to make decisions? Why not?
  • How is your memory? Please give us some examples.
  • Are you comfortable asking questions or asking for help?

If your claim for Social Security disability benefits based on a mental disorder was denied, it is possible that the Social Security decision-maker overestimated your RFC. An experienced Detroit disability attorney can help you gather evidence to establish on appeal the actual, limited extent of your ability to work. If you are not currently represented, please contact me for a free consultation.

SOCIAL SECURITY DISABILITY LAW BLOG

 Subscribe to my RSS feed


April 5, 2011

Michigan disability attorney explains how Social Security evaluates your “residual functional capacity”

Filed under: Ability to work, Blog — admin @ 5:22 am

One factor that plays a key role in the outcome of your claim for Michigan Social Security disability benefits is your “residual functional capacity” or “RFC.” Your RFC is your present ability to perform work-related functions, despite the limitations caused by your impairment. Residual functional capacity is measured in terms of work levels: medium work, light work, and sedentary work. In general, medium work is work that requires lifting of no more than 50 pounds at a time, with frequent lifting or carrying of objects weighing up to 25 pounds, and the ability to stand or walk most of the work-day (approximately 6 hours). Light work is work that requires lifting of not more than 20 pounds at a time, with frequent lifting or carrying of objects weighing up to 10 pounds. This type of work involves sitting for most of the day, but requires frequent standing and walking. Sedentary work is the least physically demanding type of work. Sedentary work requires lifting no more than 10 pounds and prolonged periods of sitting.

If your Michigan Social Security disability benefits application was denied, then your residual functional capacity will be a matter of great interest to the administrative law judge presiding over your hearing. The judge will question you about your ability to perform work-related functions, including, for example:

  • How far are you able to walk?
  • How long are you able to walk?
  • Are there any limitations on your ability to stand?
  • How long are you able to sit?
  • How long are you able to stand?
  • What is the heaviest weight you can lift?
  • What is the heaviest weight you can carry?
  • Do you have difficulty in kneeling? bending? stooping?
  • Do you have difficulty using your fingers or hands?
  • What is a typical “good” day like for you?
  • What is a typical “bad” day like for you?

An experienced Michigan disability attorney can help you present the strongest evidence of your limited residual functional capacity at your disability hearing. If you would like to talk with me about your case, please contact me.