Even if you are demonstrably disabled and unable to work and earn an income, the SSA may not necessarily find you disabled. They can deny your claim if they believe you can reasonably work in a job commonly available in the economy. To find if you meet their definition of disability, consult with a knowledgeable Detroit Social Security disability attorney.
Past Relevant Work
You will not be considered disabled if you can still do your “past relevant work.” To prove that you are disabled, you and your Detroit Social Security disability attorney must demonstrate that you are no longer able to perform any job that you have engaged in the past 15 years (or during the 15 years prior to your disability insured status requirement was last met, if that date is earlier), if that work was performed the “substantial gainful activity” level and went on long enough for you to learn how to do the job. To accomplish this, identify your least demanding job from the past and determine why you can no longer perform that sort of work.
If you can still manage to perform an easy job you held in the previous 15 years, the SSA won’t find you as disabled, unless you or your Detroit Social Security disability attorney can persuade them that the impairments meet or medically equal one of the impairments in the Listing of Impairments (Step 3).
If you’re still able to do any job as it is ordinarily done, the SSA will also find you not disabled, even if your past job actually required greater effort and you are incapable of doing that particular job in your current condition. The “job as it is ordinarily done” rule won’t be applied to your benefit, however. If your own past work was easier compared to the way the job is ordinarily done, SSA will review the actual job requirements that you fulfilled in order to determine whether you can do past relevant work. This rule will apply to even to part-time work, provided that it involved substantial gainful activity.
The SSA will determine your capacity to perform past relevant work by comparing its mental and physical demands with your present residual functional capacity.
To determining whether you can adjust to jobs widely available in the national economy, the SSA will consider your remaining work capacity, age, education and work experience in this step. This is usually the most complicated step in the sequential evaluation process.
SSA has also provided the Medical-Vocational Guidelines, an important tool used to establish whether you are disabled or not due to medical-impairments and vocational factors. Commonly referred to as the “grids,” the Medical-Vocational Guidelines finds that your chances to be found disabled increase as you grow older.
Marc J. Shefman is an experienced Detroit Social Security disability attorney with an established record of convincing the SSA of his clients’ disability and obtaining their SS benefits. If you are disabled and seeking SS benefits please call his offices at (248) 298-3003 for a free consultation about possible legal representation.