Social Security Disability Lawyer Blog

When you apply for Social Security disability benefits, the SSA evaluates your mental and physical limitations to determine what type of work you're still able to perform. To be considered disabled and win benefits, you have to prove that you're unable to perform any basic work activities. The SSA examines your medical evidence to see if you're capable of performing the types of work described below:

Sedentary

A job is considered sedentary if walking and standing only take up about two hours in an eight hour work day. Sedentary work requires you to sit for up to six hours a day. It involves occasionally lifting no more than 10 pounds at a time and lifting or carrying small items, such as paperwork. Most unskilled sedentary jobs require you to use your hands and fingers. Examples of sedentary jobs include receptionist, packer, sorter, surveillance systems monitor, and dispatcher.

Light

Light work requires the ability to stand for up to six hours in an eight hour work day. You have to be able to lift up to 10 pounds frequently and up to 20 pounds occasionally. Jobs that are classified as light work may require you to stand and walk often, but some may require you to sit for most of the day, pushing or pulling arm and leg controls. If the SSA determines that you're able to perform light work, you'll also be considered able to perform sedentary work. Examples of light work include cashier, stocker, and security guard.

Medium

Medium work requires you to stand up to six hours in an eight hour work day. You are also required to have the ability to lift 25 pounds frequently and 50 pounds occasionally. In addition, medium work involves sitting, kneeling, climbing, and squatting. Plumbing and construction are examples of medium work.

Heavy and Very Heavy

Heavy and very heavy work requires you to stand for the same amount of time as medium work, but you also have to be able to lift up to or more than 100 pounds. The most difficult types of construction work, such as construction cleanup, are classified as heavy or very heavy work.

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Meet with Your Attorney before the Hearing

Prior to your hearing, set up a meeting with your Atlanta Social Security disability attorney, so you can discuss the issues that will be addressed at the hearing and get answers to any questions you may have about the hearing process.

Dress Neatly, But Comfortably

Dress neatly at your hearing. Social Security disability hearings are informal in nature, but you shouldn't wear blue jeans and a t-shirt. That being said, it's not necessary to wear formal clothing like you would at a wedding, either.

Be Truthful

When the ALJ asks a question, don't think about whether the answer you give will help or hurt your case - be truthful about your strengths and limitations. Don't pretend to be in pain when you aren't or fake cry. On the other hand, don't minimize your problems. If you feel uncomfortable staying seated, don't be embarrassed to get up and move around.

Be Specific and Descriptive

Be specific when answering the judge's questions. For example, rather than saying that you can can't walk very far, give a specific example of a time when you tried to walk a certain distance and were unable to do so because you were in pain. It's a good idea to practice giving your testimony in advance, so you'll be prepared to answer the judge's questions at your hearing.

You should also aim to be descriptive when talking about your pain. For instance, rather than saying, "I have backaches," say, "When I get a backache, I have to lie down because the pain is so severe. It hurts so bad that I can barely do anything. Even talking makes the pain worse."

Approximate Dates

When possible, provide the judge with specific dates, but if you can't remember the exact dates, do your best to give an approximate date, month, season and year, or just year. Not everybody is good with dates, so your judge won't think you're being untruthful if you happen to get a date wrong.

Tell Your Story

The hearing is your chance to tell your story to a judge. Some claimants mistakenly believe that they should keep their mouths shut and give the shortest answers possible to their judge's questions, but this isn't the case when it comes disability hearings. You need to provide plenty of facts, details, and explanations in your testimony to win your case.

Speak Clearly

Your hearing will be recorded, so speak very clearly when you answer the judge's questions. Say yes or no, not uh-huh or uh-uh. Additionally, avoid nodding your head in reply to your judge's questions.

Has Your Application for Social Security Disability Benefits Been Denied?

By gathering all of your medical records by yourself and submitting them when you file your disability application or appeal, you can ensure that all of your medical records will be evaluated and that your claim won't take months longer to process than necessary. Disability determination specialists are evaluated on how fast they are able to process their cases, so they are more likely to work on a case immediately if it comes with all of the required medical documentation attached.

Gathering all of your medical records or having your Atlanta Social Security disability attorney do it on your behalf is vital because your medical records describe when you became disabled, what prescription medications you take, and how effective those medications have been in treating your condition. Your medical records are critical to proving that you are disabled and that your disability is severe enough to require disability benefits. Making a little extra effort to ensure that all of your medical records are in your file can mean the difference between an approval and a denial.

Need Help Gathering Medical Records for Your Atlanta Social Security Disability Case?

1. Your income is too high

Some people who apply for Social Security disability continue to work during the claims process. If they earn more than $1,000 per month (in 2011) and apply for benefits under the Social Security Disability Insurance (SSDI) program, their claim will be denied. SSDI is the disability benefits program for people who have paid into the Social Security system for several years.

People who apply for disability benefits under the Social Security Income (SSI) program, which is for low-income individuals, will be denied benefits if they earn more than $1433 per month (in 2011). These income limits, which are known as substantial gainful activity (SGA) limits, are adjusted on an annual basis.

2. Lack of medical evidence

Many Social Security disability claims are denied because of a lack of solid medical evidence. In order to be approved for disability benefits, you must present medical evidence that your impairment interferes with your ability to work. The medical records provided by your treating physician carry far more weight than the results of a medical exam ordered by the Social Security Administration (SSA). To maximize the chances that your disability claim will be approved, describe to your doctor how your symptoms interfere with your ability to work.

3. You haven't followed your doctor's treatment recommendations

If your treating physician has prescribed treatment and you haven't followed your doctor's orders, the SSA may deny your claim. There are, however, legitimate excuses for failing to follow your doctor's orders, such as having a mental illness that prevents you from being able to follow the prescribed therapy or not having enough money to pay for treatment. If you have a valid reason for not undergoing the prescribed treatment, make sure you bring it up during the claims process.

4. Your disability won't last long enough

To qualify you for disability benefits, your impairment has to be severe enough to last at least 12 months or result in your death. Only claimants who are blind are exempt from this requirement. Many applicants are denied benefits because their disabilities are only temporary. For example, a bone fracture resulting from a car accident is unlikely to cause a disability that lasts for 12 months or longer.

5. You won't cooperate

It is important to provide the SSA with requested documentation and show up for your consultation examination (CE) if you want your claim to be approved. If you fail to release medical records to the SSA or skip a scheduled CE, your claim will be denied. If you can't make it to a scheduled CE for whatever reason, have it rescheduled.

Review Your Denial Letter

The denial letter you get from Social Security will include a list of all of the medical records that were used to make the decision. Go over the list to make sure that all of your medical records were reviewed. If you feel that some important records are missing from the list, obtain copies of those records, so you can take them to your hearing. You should obtain two copies: one to send to the ALJ and one to take with you to the hearing. If you have a Social Security Disability attorney, he should have copies of the records, as well.

In addition, the denial letter will explain specifically why your claim was denied. Examine Social Security's rationale behind the decision to determine what sort of evidence you need to come up with at the hearing in order to get your claim approved this time around.

Ask doctors who have treated you to write letters explaining how your medical condition interferes with your ability to work. While these letters alone won't make or break the ALJ's decision, they'll serve as supporting evidence that demonstrates how your medical condition affects your ability to perform job-related tasks.

Prepare Specific Explanations of Your Ability to Perform Job-Related Tasks

When testifying before an ALJ, it's essential to be as specific as possible about your ability to perform various job-related tasks, such as sitting, standing, walking, lifting, carrying, and stooping. For example, rather than saying, "I can't sit for extended periods," say, "I can't sit for longer than one hour because I start to experience excruciating lower back pain."

Get a Statement from a Non-Medical Source

If you have a spouse, caregiver, sibling, parent, child, friend, or neighbor who is aware of how your disability has impacted your life, consider getting a statement from that person and adding it to your claim file before the hearing. Prior to the case, the ALJ will review the forms and records in your claim file. Statements from non-medical sources that are familiar with your condition often serve as a powerful form of evidence in your favor.

Hire an experienced Social Security Disability Attorney

According to the SSA's definition, your past relevant work experience is any work you've performed in the last 15 years. In order to qualify as past work experience, the work must have been full-time and performed for three months or longer in exchange for compensation. Past relevant work experience is considered at step four of the five-step evaluation process that the SSA uses to determine if you're disabled.

When you're filling out your application for Social Security disability, provide as many details as possible about your previous work experience. If you're vague about your past work experience in your application, it may affect your chances of receiving benefits.

It's also important to provide details about any education or training you have in your application, so the SSA can determine whether you'd be capable of performing other types of work. Determining whether you're able to perform other types of work is step five in the SSA's five-step evaluation process. If the SSA determines that your condition interferes with your ability to do the work you did previously and they find that you're also unable to adjust to other types of work available in the national economy, your claim will be approved.

Evaluating Residual Functional Capacity
When deciding whether you're capable of performing your past work, the SSA will review the physical and mental requirements of your previous jobs. They will also evaluate your residential functional capacity (RFC). Your RFC is the work you're capable of performing despite your physical and mental impairments.

The SSA measures your RFC by reviewing your medical records. They will also have your treating physician fill out an RFC form. The RFC form gives your doctor the opportunity to describe why your medical condition makes it impossible for you to return to work. Having your doctor fill out the RFC form completely and accurately with the help of a Social Security Disability attorney is recommended if you want to maximize the chances that your claim will be approved.

Even the most deserving claimants can compromise their chances of receiving benefits by not appearing truthful and believable enough during their hearings. Here are 5 tips that will help you boost your credibility and help to ensure that you receive the benefits to which you're entitled.

1. Be specific

If you want to appear credible at your hearing, be as specific as possible when answering the ALJ's questions. Be prepared to provide detailed answers to questions like, "How much weight can you carry?" or "How far can you walk?" Here are some more questions that you might want to practice answering prior to your hearing.

2. Dress conservatively

Although Social Security Disability hearings are less formal than appearances at state or federal courts, you should still take care to dress conservatively. Dressing too formally should be avoided, as well, because it could send the message that you're still capable of getting a job and working.

Try to dress in a nice, respectful way at the hearing. The ALJ will not take your testimony seriously if you wear clothing that doesn't command respect. In other words, shorts, flip flops, and tank tops are not an appropriate outfit for a Social Security Disability hearing.

3. Don't exaggerate your symptoms

At your hearing, the ALJ will inquire about the pain you experience as a result of your disability. For example, you may be asked to classify your pain on a scale of 1 to 10. If you consistently state that your pain is a 10, the ALJ may think you're exaggerating and question the credibility of your testimony.

To boost the credibility of your testimony, talk about when you experience the most pain and when the pain subsides. For example, your pain may be severe at night or in cold weather but lessen at other times. It's highly unlikely that you're in severe pain 24/7.

4. Be polite, but don't smile too much

It's important to act polite at your hearing, but don't make the mistake of smiling too much. If you're too smiley and happy-looking at your hearing, the ALJ may think your condition is not as severe as you say it is.

In addition, if you feel the need to cry at all during your hearing, let those emotions out. A good number of claimants cry during their hearings because the process of applying for Social Security Disability benefits can be so exhausting on an emotional level.

5. Sit or stand as necessary

If you experience pain when you sit continuously, feel free to change positions often during the hearing. Don't feel like you have to sit down the entire time. In fact, it's better that you don't because the ALJ could use it against you if you say in your testimony that you have difficulty sitting for more than a few minutes, but you sit through the entirety of your one-hour hearing.

Do You Have More Questions about What to Expect at Your Hearing?

If you merely state that you have pain without going into detail, it will be hard for you to win your case. To ensure that caseworkers, physicians, and other individuals assigned to your case will fully understand the extent of your condition, you need to describe what kind of pain you feel in detail and explain how it limits your ability to function in everyday life. Describing your pain to your doctors is important since their reports and records will be evaluated by the Social Security Administration.

Keep a Journal

One way to strengthen your case is by keeping a journal that details the extent of your condition and how it affects your everyday life. The journal should be dated and describe the pain and ailments you experience each day. Be sure to include the time and date of all incidents, such as body pain, headaches, or seizures. Take note of the duration of these incidents and what circumstances triggered them. Be as descriptive as possible, but keep it simple and be cautious about describing your feelings, so you don't come across as being melodramatic. There's no need to write in a formal style, either. All you have to do is describe your pain and how it affects your everyday life.

Tips for Describing Your Pain

When you're describing your pain in your journal, saying something like, "My leg hurts," is not sufficient. Below are some factors you should address when taking note of your pain:

 Severity. On a scale of 1-10, how does your pain rate, if 10 were the most painful and 1 were the least painful?
 Duration and frequency. How often do you experience the pain? Do you feel it sometimes or all the time? How long does it last?
 Type. Is the pain dull or sharp? Does it ache, shoot, or throb?
 Triggers. What circumstances (e.g. carrying something heavy, sitting in front of your computer for too long, reading) trigger your pain?
 Effects. What effects does the pain have on your everyday life? For instance, does it make it difficult for you to interact with other people? Does it prevent you from sitting or standing for long periods? Does it make it impossible for you to read or write?
 Medications. Are you taking medications for the pain? If so, do they bring you relief? Do the medications help with all of your symptoms, or only some of them? Do the medications cause any side effects?

The vocational expert program was founded in September of 1962. Vocational experts are independent parties that remain objective and impartial when expressing their opinions. A vocational expert's role at your hearing is to help the Administrative Law Judge determine if you can still work in jobs you've performed over the last 15 years or if you are capable of working in any other jobs that are available in the national economy. Their job is to discuss the jobs available to you and how your condition impacts your ability to obtain and perform those jobs. Vocational experts typically review 15 years of your work history prior to testifying about your work abilities.

The training and qualifications of vocational experts vary widely. Some vocational experts have a background in psychology or counseling, while others have a background in vocational education or rehabilitation.

Why Are Vocational Experts Needed?

It is not required that vocational experts be present at Social Security Disability hearings, but many Administrative Law Judges prefer to have them aboard. Administrative Law Judges may want a vocational expert to testify at your hearing because he doesn't feel that your testimony alone will be sufficient or he has several unanswered questions about your case. The judge will use the vocational expert's answers to determine whether or not you're still capable of working. If the vocational expert determines that you are capable of performing some type of work, you will be found ineligible for disability benefits.

If you receive a notice in the mail that a vocational expert will be present at your Social Security Disability hearing, it could also mean that the judge decided you aren't capable of performing any work you've performed in the past because of your impairment. Therefore, the judge is probably seeking the advice of a vocational expert to determine whether you're capable of performing other types of work.

Vocational experts typically obtain information about your disability by reviewing your records prior to the hearing, listening to your oral testimony and the testimonies of your witnesses, and observing your behavior throughout the hearing. Through observing your communication skills, appearance, responsiveness, physical capacities, etc. a vocational expert will be able to evaluate the severity of your disability. The vocational expert's testimony will come last at the hearing since he will need time to accumulate as much information about your case as possible.

That being said, there's no reason to be overly anxious about your hearing. Social Security Disability hearings are short; they typically last anywhere from 15 minutes to an hour. Unlike court appearances, the hearings take place in an office-like setting or sometimes even at a bank or hotel. You will sit at a conference table, and a recorder and microphones will be used to tape the hearing. The only people who will be present at your hearing are you, the ALJ, an assistant (who operates the tape recorder), your lawyer, and possibly one or more expert witnesses. Social Security Disability hearings are small and there are no spectators, so you'll probably find it easy to relax.

The hearing typically starts with the ALJ introducing the case and admitting the case file as evidence. The ALJ will then start questioning you or request your lawyer or representative to do the questioning. Although medical records and statements from your physicians will carry the most weight in the ALJ's evaluation of your case, your testimony will also be taken into account. Make sure that your answers to the ALJ's questions are honest and forthright. Don't exaggerate any limitations caused by your disability. The ALJ holds multiple hearings on a daily basis, so he'll most likely notice if you try to exaggerate your condition.

Subjects that the ALJ will question you about include your background, past work experiences, and medical problems. Every judge is different, so the questions asked will vary, but there are several questions that you should be prepared to answer because they are the most frequently asked. It's better to practice answering some of these frequently asked questions beforehand, so you don't find yourself fumbling to answer them at the hearing:

• What medications are you currently taking?
• What side effects do those medications cause?
• What jobs have you performed in the last 15 years (name of employer, job title, dates of employment)?
• What is the main reason why you cannot work?
• How long can you continuously sit? What happens if you stay seated for longer than that?
• How long can you continuously stand? What happens if you stay standing for longer than that?
• How long or far can you walk? What happens if you walk longer or farther than that?
• Do you need an assistive device to walk?
• Do you have a driver's license? If so, approximately how many hours do you drive per week?
• How often do you leave your home?
• Do you experience pain? Where in your body do you feel pain?