social security disability SSD Disability

A blog by a former social security disability claims examiner about social security disability and SSI Disability issues and questions, but also general, health, and medical news.

Sunday, November 15, 2009

Social Security Disability and Jobs Within the National Economy

If you apply for disability benefits from the social security administration, either under the SSI or social security disability program, there will be a good chance that your claim will be denied at the initial claim (aka disability application) level. Not to sound morose, but, statistically, that's simply how it plays out for the majority of all individuals filing disability claims.

If you get denied for disability, what will the reason be? Well, some claims are denied on the basis of SGA, which stands for substantial gainful work activity. This basically means that the claimant was working and earning too much. Typically, this type of denial occurs at the social security office before the case ever has the chance to be sent to a disability examiner, though sometimes it happens after medical development (gathering and evaluating the medical records) has begun.

Some claims, a small percentage, are denied due to NSI, or non-severe impairment. This basically means that the disability examiner was easily able to conclude that the claimant's alleged condition was not even remotely disabling. Example: sprained wrist.

However, most claims are denied using the rationale that the claimant can return to their past work (one of the jobs they performed within the past 15 years), OR the rationale that, even if they can't return to their past work, they can do some form of other work.

"Other work" is sort of a catch-all way to deny a lot of social security disability and SSI claims. Basically, this is what happens: a disability examiner will identify the claimant's past jobs, what the exertional requirements of those past jobs were, and what the skill levels of those past jobs were (represented by numbered ratings). If it is determined that the claimant cannot go back to one of their past relevant jobs, the examiner will consult a resource book that lists thousands upon thousands of jobs in the national economy and try to come up with three jobs that match the exertional requirements and skill levels of the claimant's past work. Very often, this is quite easy for the examiner to do, meaning that the claimant will be denied for disability on the basis that they can perform some type of other work.

This is basically what is meant by jobs within the national economy, the simple fact that a disability adjudicator was able to identify three jobs that the claimant could potentially perform other than work that they've done in the past. In fact, many disability examiner processing units already have preset sheets of "other work jobs" that a claimant might be able to do based on exertion level and work skill level.

Here's one problem, though, with the whole concept: when disability examiners scout for "other jobs" in the reference book (known as the DOT, or dictionary of occupational titles), it is done without regard for geographical location. Meaning, those jobs might exist in the national economy but only a thousand miles away on the other side of the country. Not an easy proposition for older workers (fortunately, the vocational rules give consideration for older workers). Here's another problem: the reference work used by disability adjudicators is very much out of date. It would probably not be a stretch to say that there are hundreds or even thousands of jobs that exist today, that have been created in the last 15 years, that are not in the DOT. Technology jobs would likely be a good example of this.

This is all the more reason, of course, for supplying accurate and detailed information about your work history when you file for disability. It is very important to not only include job titles and dates of employment, but also detailed descriptions of what was actually done on each job. Because this can make the difference as to how a job is identified by a disability examiner. And how a job is identified can have a decisional impact on a claim.

Note: some DDS agencies are now putting extra special emphasis on researching all jobs listed by a claimant at the time of application in an effort to strengthen denials that are issued on the basis of a claimant's ability to return to their past work.








Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    What if I disagree with the decision on my social security disability case?
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    What Are You Allowed to Earn on Social Security Disability? (trial work period)
    Social Security Disability and to Qualify for Benefits
    Filing For Social Security Disability- Work History and Medical Records
    Can I Get Social Security Disability If I Have not Worked in a Long Time?
    What Should I Bring to my Social Security Disability Application Interview?
    How Do I Apply For Disability In The State of Florida?
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    Disability Claims Filed For Mental Conditions

    Labels:

  • Wednesday, November 11, 2009

    Social Security Disability, Alcoholism, and Unable to Afford a Doctor

    An anonymous individual recently left the following scenario and questions in a comment on another post. Here is the comment along with a response immediately following.

    "I joined the Navy in 1972. Soon after i enlisted, I was drinking heavily and was discharged ( General Discharge ) for unsuitability because of drinking, I was not drinking before I went in the service. I have been in and out of detox's and been in 4-5 treatment centers but still drink. I am not drinking now because I throw up blood when I drink, cant afford a doctor because I have not worked in over 5 yrs and the last job i had I was fired because of drinking what should i do?"



    Anonymous,

    Social Security does not award disability on the basis of alcoholism anymore. In fact, the involvement of alcohol is most often considered a hindrance to being awarded disability benefits. However, many individuals who have alcohol problems are eventually approved, as they subsequently suffer from other illnesses that, largely, that result from their alcoholism.

    It appears that you have other medical problems that need to be addressed. With the brief amount of information you left, I would have no idea what the cause of your bleeding might be. Esophageal varices or ulcers come to mind and both of these conditions could potentially entitle you to disability benefits with Social Security. However, keep in mind that Social Security will evaluate whether your peripheral medical conditions would resolve if you stopped drinking. If a disability adjudicator judges that to be the case, your disability claim could be denied.

    Since you have a gap in your work history, it would also be hard to say if you would be eligible for Social Security disability, SSI disability, or both programs. SSI is a need based program and SSD is a program available to individuals who have secured insured status for coverage as a result of their work activity. But, in truth, many claimants will have little idea regarding their program eligibility until they actually initiate a disability claim with SSA.

    One thing is certain, though. If you hope to be approved for disability benefits, you need to establish some type of medical treatment history for your medical problems. I don't know about your specific area, but many localities have free clinics to help with medical treatment when individuals have no other resources. Of course, I must say this with several grains of salt as budget cuts are widespread and common these days.

    In the event that recent medical record documentation cannot be obtained by an adjudicator, a CE, or consultative examination, will be scheduled and performed by an independent doctor who has been contracted by social security to perform such services. Consultative examinations, unfortunately, are often of little value to claimants, particularly when the exam is physical. Having said that, though...some cases are won on the basis of the report submitted by the doctor who performed the consultative medical exam. So you should always go to such an exam if one is scheduled (that and the fact that your claim could be denied if you refuse to go to an examination appointment).

    If you are eligible to receive treatment from a VA, you should definitely explore this (if you're not already doing so) since a record of diagnosis and treatment will be needed to substantiate a claim for disability.







    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    Qualifying for disability benefits
    Being Awarded Social Security Disability is based on functional capacity
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    Labels:

  • Monday, November 9, 2009

    Social Security Disability SSI and Living Donors

    Someone under the name of "anonymous" recently left this comment and question. The comment itself was lost but I have reposted it here along with a response.

    "I am a living donor, (liver) in 2002. After 7years, i was hospitalized for a diaphragmatic hernia (severe) due to the donation. After some time for healing, (6 months or so) i started having severe pain again in the upper right quad of my stomach. After an MRI cat scan and upper GI, i am told that my cecum and lower intestines (among other things) remain in the upper right quad. Nothing they can do. Adhesions galore. Pain everyday. Many bowel problems(never know when). On top of all this, i am bi-polar, depressed, and suffer migraines. My question - are living donors with continuing problems something that is taken into consideration by SSI since it is a relatively new area in medicine? Do they know enough about what happens in a donation and it's ramifications to make an educated decision? Thanks much."


    Anonymous,

    I am not aware of any specific guidelines in the Social Security disability guide book, "Disability Evaluation Under Social Security", that address the problems a living donor might have. In fact, I've never seen a case based on the residual disabling conditions associated with being a living donor. Your situation sounds like it has been very debilitating. But, frankly, whether they have "enough" education about donor medical issues does not even play into how the disability examiner is going to make the determination.

    So is there a chance that you might qualify for Social Security disability or SSI? Fortunately, Social Security disability (and SSI, of course) is based upon residual functional capacity--what you are able to do in spite of the limitations caused by your mental and/or medical conditions--rather than what your specific disabling condition is.

    If Social Security finds that your residual functional capacity rating is so restrictive that you cannot return to your past work and is so restrictive as to rule out any other types of work (for which you might otherwise be thought capable of performing), then you may be approved for disability through a medical vocational allowance.

    However, I cannot say anything for sure as I am not even sure that you have stopped working. One fundamental part of the Social Security disability equation is that you have been unable to work for the past twelve months, or that there exists the expectation that you will be unable to work at a substantial work level for twelve months due to your disabling condition or conditions.

    If you are working and earning over the substantial gainful activity (SGA) amount (this is a gross monthly earnings amount that, for the social security administration, correlates with a person's ability to work at a substantial and gainful level), your disability claim will be denied at the Social Security office rather than being sent to a disability examiner for an actual medical determination.

    However, if you are not working, or are working under SGA, it appears that you would be a good candidate to file for Social Security disability and/or SSI disability (whether your application is for SSD, SSI, or for both programs, as is the case with concurrent claims, would be determined at a social security field office).

    I hope this information helps you decide what you should do with regard to filing a disability claim with Social Security.






    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    Winning SSI disability, how do I win?
    Can you have a job When Applying for Social Security Disability?
    What Are You Allowed to Earn on Social Security Disability? (trial work period)
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    I Was Denied for Other Work by Social Security Disability - What Does That Mean?
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    Social Security Disability Prior Posts

    Eligibility for disability benefits
    How long does it take for a reconsideration for SSI?
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    SS Reconsideration
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    SSD (Social Security Disability) Reconsideration
    Qualifying for disability on the first application
    Winning your Social Security Disability
    North Carolina Disability Attorney
    Virginia Disability Attorney
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing




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