07/24/2024
One of the first questions that clients ask me when discussing Social Security Disability is "Do I have a case?"
The response to this is nuanced and not always straightforward. My first question to you is "Does your doctor believe that you are disabled?" as that is a critical component in your case. However, I think the actual answer goes back before that. It goes to your daily life and your ability to keep up with a 40-hour workweek. Are you struggling to get to work every day? Is pain forcing you to rest more? Are you having to apply to a sick bank to get more days off or taking unpaid days?
Perhaps you have a major surgery and the healing isn't what was anticipated. You are unable to return to work on the timeline that was given. Some clients have a diagnosis of an autoimmune disorder and they have worked for years but it is now getting too difficult to continue.
If these are questions that are worrying you, it may be time to think about applying for disability. That is when your doctors come into play. Sometimes it takes a combination of doctors to establish disability. Perhaps you are seeing a doctor for a hand issue, and that alone may not be disabling. You may also be suffering from migraines, or a back injury and seeing a neurologist or primary care physician. I will talk with you about your medical treatment and help you negotiate the process.
With social security, it is not always about ONE ailment or injury. It is about all your ailments and injuries. To successfully win a disability case, there are five important questions- also known as a "Five step Sequential Evaluation."
1. Are you currently working? If you are currently working full time- you will be denied. In order to apply for disability you have to stop working.
2. Do you have a severe impairment? If no, you will be denied.
3. Does the impairment meet a "listing"? If yes, you should win at this step. That does not always happen as there may be gray area here about whether you meet the listing. Listings are a legal breakdown of the major body systems and what impairment would deem a person medically disabled.
4. Does the impairment allow you to do your PAST work? This would be work you have actually done. If you can do the past work you have done, you will not be found disabled.
5. Here is the real kicker- the question most people are not prepared to contend with- Can you do ANY work in the national economy? So, even if you are a neurosurgeon and the ALJ decides you can do the job of a toll taker... You are not disabled.
There is a lot of work that goes into each part of this, but hopefully if you are asking yourself "Do I need to apply for disability?" it sheds some light on what I will be analyzing as the attorney.
