Many people who can't find work do not meet the legal definitions of disabled. There are two primary reasons for not being able to work:
One reason is employment problems, which can be caused by any number of factors. The economy is cyclical--it may be growing, stagnant or in recession. A stagnant economy may offer relatively few jobs. A recession is worse and may make it very difficult to find a job. A person could be having problems finding work because he or she has no skills that are in demand, or because there are few jobs in the neighborhood. These employment problems are not addressed by the Social Security Act and, unfortunately, no benefits are available for these type of problems. It could be that a vocational rehabilitation counselor could suggest ways of overcoming these issues and helping the person find work.
A different type of problems occurs when a person is physically or mentally unable to hold a full-time job, even if there were jobs available. This person likely meets the requirements set forth in the Social Security Act and may be entitled to monthly disability benefits. The challenge here is proving that the person does meet the legal requirements for disability under the Act.
Keep in mind that Social Security decision makers are legally required to ask and answer two very important questions before deciding whether you are disabled. Those two questions are:
- Are you able to perform any of your past relevant work? This is work you have done during the 15 year period prior to filing your application for benefits? If you can, you do not meet the legal definition of disabled. The question is, "Are you able to work...," not "Can you get the work?"
- Are you able to perform any other work that exists in the national, regional or local economy? If you can, you are not legally disabled. Perhaps this question is better understood if it is asked this way: Could you perform any other work if you were able to find it? Not being able to find work, or getting hired, comes under 'employment problems,' not disability, as discussed above.
An experienced disability specialist is best qualified to analyze your situation and determine your odds of getting disability benefits under the Social Security Act. In short, he or she can determine if you meet the legal definition for disability and if you have enough medical evidence to prove it. To discuss your situation with the Forsythe Firm, please contact us at (256) 799-0297 here in Huntsville. (We serve all of North Alabama, and our Nashville office serves the state of Tennessee).
You may also contact us via the Internet.
If
you are age 50 or over, you may qualify for Social Security benefits for
any physical or mental condition which prevents you from full-time
work.
Yes,
younger individuals may also qualify. However, Social Security uses
Medical-Vocational Guidelines which relax the requirements somewhat for
persons age 50 and over.
In
addition to your age, other factors include your past work experience
and education. But being age 50 or more is the greatest single
advantage a claimant has in being approved for Social Security benefits.
The
Forsythe Firm will provide you with a free case evaluation and local
consultation. If we represent you, you will never pay a fee until you
get benefits with back payments. If you do not win benefits you will
never pay us a fee for any service we perform.
Contact us at (256) 799-0297. We're located across from Bridge Street.
Your
doctor cannot approve you or sign you up for Social Security
disability. However, your doctor can and should play an important role
in providing evidence for a full and fair evaluation of your disability
claim.
You
should ask your doctor to provide a Medical Source Statement for you,
such as form HA-1151 for physical impairments or HA-1152 for mental
impairments. Why is this form so important to a successful Social
Security disability claim.
It's
important because it goes to the heart of what Social Security needs to
approve your claim. That is, your limitations in the ability to
perform work related activity. Your medical records alone do not show
these limitations. In short, a Medical Source Statement gives your
doctor's opinion as to how much you can lift and carry, how long you can
sit, walk and stand; and may evaluate your ability to concentrate or
react appropriately to other people.
Let's
say Sara goes to her doctor with a complaint of chronic back pain. The
doctor examines her and prescribes a muscle relaxer and a light duty
pain pill with instructions to return in 30 days if the pain is not a
lot better. Here is what the doctor's medical record will probably say:
Ms.
Jones is a pleasant 51 year-old female who presents today for some pain
in her lower back, which she has experienced for about 3 months. She
is a well nourished lady in no apparent distress. Respiration is
clear. Reflexes in all lower extremities (LE) are normal. I am going
to prescribe some Flexeril and Naproxen to try. She will return in 4
weeks if not improved.
The
above notation is virtually useless in a Social Security disability
claim. It presents no severity of symptoms, no limits for lifting,
standing, walking, sitting, bending, etc. In short, it gives Social
Security no reason to believe that the patient cannot work every day in
just about any capacity. It says that she has some back pain. That's
all. And that is not nearly enough.
Ask
your doctor to provide you with a Medical Source Statement that gives
the specifics of your functional limitations. Not all doctors will do
so, but this form can make the difference between an award an a denial
of your claim.
Note that Social Security will NOT ask your doctor for a Medical Source Statement. They will only ask for records and, as explained, the records are woefully inadequate. It is up to the claimant or her representative to obtain the Medical Source Statement (form).
