If you are thinking about applying for SSD benefits, act now and retain a disability lawyer in Detroit who can help you give proper testimony on how your disability affects your ability to work, such as sitting down at your job.
Shifting in Your Chair
It’s not helpful to testify that you have to shift in the chair after sitting down for a long time, since that is common for even healthy individuals. Your disability lawyer in Detroit should inform you that whether you need to shift in a chair has no bearing on your ability to work.
This is a mock testimony that effectively answers a question regarding sitting:
Judge:How long can you sit?
Claimant: If I really had to, I can sit down for an entire hour. But afterwards I’ll be basically bedridden at home. For household chores like paying bills, I can sit for only around 20 minutes at a time before I have to move around for 15 to 20 minute. I can’t sit down again if I don’t do that. If I worked somewhere I could alternate between sitting and standing or walking, my tolerance for sitting would decrease as the day progresses. Sitting down causes pain in my back, although I can manage to sit down on my recliner chair with my legs elevated. I am able to sit in that chair for a while but I still struggle to do household chores in that chair. I like to sit at the dining room table to do household activities like paying bills.
As your disability lawyer in Detroit will advise, you should be able to offer information on any adjustments made after sitting for a long time. For example:
- After sitting down for a sustained period of time, can you get up, stretch, and sit back down and resume working?
- Do you have to switch between sitting and standing?
- Are you able to alternate sitting and standing at a work desk throughout the day?
- After sitting or standing in any place, do you have to walk around a bit? If true, then
- How frequently do you walk around?
- How long do you take to walk around per walking session?
Given that most jobs allow breaks from work every two hours or so:
- Do you require additional breaks?
- How do you spend your break? Sit down, perhaps at recliner? Walk outside? Lie down on the floor?
- How many breaks do you require during the workday? How long do you need each break to be?
You might have to give the judge or your disability lawyer in Detroit the total amount of hours out of an 8-hour working day you are able to sit or stand. If you are called upon to do this, you will have to add up all of the short breaks given intermittently during the workday to provide an accurate answer.
Get Help from Michigan Attorneys
Marc J. Shefman is a proven disability lawyer in Detroit who knows how to win SSD benefits for disabled applicants. Please call his law offices at 1-248-298-3003 for a free initial consultation.