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IS YOUR IMPAIRMENT SEVERE UNDER SOCIAL SECURITY STANDARDS?

 When you apply for Social Security disability in Alabama you need to have a "severe impairment" that significantly interferes with your ability to work.

Under Social Security regulations, a condition is considered "severe" if it poses a significant restriction on the ability to perform full-time, remunerative work.

Full-time work means the ability to work on a "regular and continuous basis," meaning 8 hours per day, 5 days per week, or an equivalent schedule.

In addition to being "severe," your impairment must meet one of the following requirements:L

1.  Has lasted at least 12 consecutive (straight) months, OR

2.  Is medically expected to last at least 12 consecutive months, OR

3.  Is expected to end in death.

You DO NOT have to wait 12 months from the onset of the impairment to file for disability.  But the nature of the impairment must be such that it will meet one of the 3 requirements above. There is no temporary or short term disability with Social Security.

For practical purposes, we need to evaluate which work related functions is restricted by your impairment(s):

  • How long can you sit, stand, walk at one time?
  • What is the maximum you can lift and carry on an occasional basis (about one-third of a work day)?
  • Are you restricted in the ability to reach or use your hands?
  • Other physical functions will also be evaluated.

Mental functions to be considered include:

  • Concentration, persistence and pace
  • Ability to follow simple and detailed instructions
  • Ability to complete simple and detailed tasks
  • Responding appropriately to supervisors, coworkers and the public
  • Able to handle usual workplace stressors, etc.

Social Security will generally characterize your restrictions as None, Mild, Marked or Extreme.  No restrictions or mild restrictions may not substantiate a disability.  Marked or extreme restrictions usually mean severe impairments which may be disabling.

How Does Social Security determine your functional limitations?

Social Security will rely mostly on your medical records to determine how severe your impairments are.  In a hearing, the judge will also listen to your testimony.  Testimony will usually be found credible IF it is consistent with the entire medical record.  

Putting together a successful disability case is a long and tedious process. There are many pieces of the "puzzle," and your lawyer's job is to provide evidence that will strengthen your case and increase odds of approval.

Bottom Line:  Your medical records must be translated into Residual Functional Capacity:  What is the most work activity you can sustain over an 8 hour day, and sustain it 5 days a week--week after week--on a regular and continuing basis?

The RFC will determine the kind of work you can do (if any) and will determine whether you qualify for a Social Security disability benefit.

___________________

Charles W. Forsythe, disability specialist at The Forsythe Firm, Huntsville, AL. Call us at (256) 799-0297 for a free consultation.





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