Social Disability Lawyer Blog

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How to prove to the SSA that you can’t do work

How to prove to the SSA that you can’t do work

The Social Security Disability claims are granted on very strict merits. These include fulfilling both medical and non-medical requirements. It is the responsibility of the SSA examiner to ensure that you are completely disabled, before granting you the Social Security Disability benefits.

While analyzing your application for non-medical qualifications, the social security examiner will look into your medical conditions and whether you can perform a less strenuous activity to earn for yourself. If the examiner thinks that your limitations do not prevent you from taking up other less strenuous, more manageable jobs, then your social security claims would be denied.

So to be able to qualify for social security you would need to prove to the authorities that you are incapable of performing strenuous work to perform work under substantial gainful activity, SGA.

What is sedentary work?

When classifying your work ability, the Social Security Administration, SSA would look into your education, past work, experience, training and current medical conditions. Your SSA examiner would classify you under classified jobs as sedentary, light, medium, heavy and very heavy.

Sedentary work is the lowest of the demanding jobs for an average employee. Most of the job would require you to sit for 6 to 8 hours. People who could stand or walk around as needed during that time period would be classified as able under sedentary jobs. Also, people under this qualification would be able to lift at least 10 pounds of weight in a day.

Whatever the severity of your disability, you should be able to communicate your symptoms and limitations to the doctor and your social security examiner clearly to avoid being labeled as able to perform sedentary work.

Tips to prove your disability

  • Details about past jobs

To prove your inability to do certain jobs, as stated by your social security examiner or the administrative law judge, ALJ, you would need to have as much details about your past work as you could. This is because the ALJ or social security examiner may sometimes misunderstand the type of activities you performed in your past job. By providing as many details as possible you might be able to prove to the ALJ that the skills you learnt and performed in past jobs are very different.

  • Avoid glamorizing past work

Remember a hearing or an examination from your social security examiner is not your job interview. In fact, you should never exaggerate or over state your job description or give an impression that you had more responsibility at the job than you actually did. The extras you mention here may actually backfire.

  • Physician's statement matters

This could not be emphasized enough. Getting an official statement from your physician stating your limitations and how they may prevent you from performing work may be the key to getting your social security claims accepted.

  • Medical litigations may be proof

It is very common during analysis of your social security application that the ALJ or social security examiner may think you can take up a certain kind of job because you had the qualifications or work experience in the past. However, a medical report or a physician statement may be able to prove that even if you have professional training for a certain kind of activity, your impairment may be making it impossible to take up that job. You can drive a truck with frequent asthma attacks.

  • Talk to an attorney

While you are worried for getting your social security claims denied due to any of the above reasons, you won't be able to focus on your case with a neutral mind. It is important that you talk to a disability attorney who could cross examine your social security examiner or ALJ's statements and represent your case in a better way.

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Friday, 01 December 2023