Social Security Benefits for a Sitting Disability

When you have a medical condition that makes it impossible to sit for long periods of time, you may be able to get Social Security disability.

Related Ads
Talk to a Disability Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

A “sitting disability” is any medical condition that significantly impacts a person’s ability to sit for even a short period of time. This can make it difficult for a person to maintain full-time work since many jobs require sitting.

Can I Get Benefits for a Sitting Disability?

To meet the basic requirements for eligibility for Social Security disability benefits, your medical condition must prevent you from doing substantial work (generally, work that earns you over $1,070 per month) for at least 12 consecutive months.

If you meet the basic requirements for Social Security or SSI disability, the SSA will then look at your impairment to see if it meets or equals one of the medical conditions outlined in its Listing of Impairments (listings.) If it does, you will be approved automatically for benefits.

Sitting disabilities do not generally meet or equal a listing, but you may still win your claim if you can prove that you do not have the residual functional capacity (RFC) to do any job because of your inability to sit. However, disability benefits can be difficult to get since many sitting disabilities can be treated effectively with medication and physical therapy. Below we'll discuss what your RFC needs to look like to get disability.

Types of Sitting Disabilities

There are myriad conditions that can cause difficulty sitting, including back injuries, sciatica, and piriformis syndrome. Here are a few of the lesser known conditions.

Coccydynia. Coccydynia is pain that occurs in and around the tailbone. Frequently, there is no known cause, but it is sometimes related to trauma, infection, fractures, or hyper-mobility of the tailbone joint. Symptoms include pain during bowel movements, intercourse, sitting for long periods, and when moving from a sitting to standing position. Although coccydynia can frequently be treated effectively with rest, medication, and physical therapy, in rare cases, removal of the tailbone is necessary; however, pain often continues despite surgery.

Myofascial pain syndrome. Myofascial pain syndrome is a chronic pain condition that causes pain and discomfort in different parts of the body and can be caused by the contraction of muscles. These areas of intense muscle stress can develop into trigger points, highly sensitive and painful knots of muscle fiber. Sitting can cause these trigger points to flare up painfully. Myofascial pain syndrome can be treated with medications such as antidepressants, over the counter pain medication, and physical therapy.

Pudendal neuralgia. Pudendal neuralgia is an uncommon disorder that impacts the nerve that runs through the genitals, urethra, anus, and perineum. The condition affects both men and women and can cause intense pain in the perineum, anus, testicles, penis, vagina, vulva, or urethra, particularly while sitting. Medication, surgery, and physical therapy can be effective in treating this condition.

The information in this article can be applied to any impairment that significantly impacts a person’s ability to sit.

Low Residual Functional Capacity (RFC)

To determine whether you can do your old job, or whether you can do any other job that exists in significant numbers, the SSA must determine your RFC. To establish your RFC, the SSA will look at the medical evidence you have provided in support of your claim to see how your condition impacts your ability to do certain strength-related work activities. The SSA will then assign you an RFC for sedentary, light, medium, heavy, or very heavy work. Here is how the RFC classifications are defined.

  • Sedentary. The ability to lift no more than ten pounds and to occasionally carry objects (like files) and to walk or stand not more than two hours out of an eight hour work day.
  • Light. The ability to lift up to 20 pounds and frequently lift and carry objects up to ten pounds and spend most of the day standing or walking.
  • Medium. The ability to lift up to 50 pounds and frequently lift and carry up to 25 pounds.
  • Heavy. The ability to lift no more than 100 pounds and frequently lift and carry up to 50.
  • Very heavy. The ability to lift more than 100 and frequently lift and carry up to 50 pounds or more.

If the SSA decides you still have the RFC to do your old job, your claim will be denied. Also, if the SSA determines you have the RFC for sedentary work, your claim will usually be denied. However, having trouble sitting can change that; if you can do only what the SSA calls "less than sedentary" work, you'll be granted benefits. Whether the SSA finds that a person with some type of sitting disability has the RFC for a full range of sedentary work will depend on how long the claimant can sit.

Here are some examples.

  • The claimant filed for disability based on severe coccydynia. She had been through physical therapy and had taken medication, but treatment was not successful. She still had pain while sitting even when using customized cushions and a chair with a coccyx cut-out. As a last resort, her tailbone was surgically removed, but the pain continued. Based on the medical evidence in her file, the claimant was not able to sit for more than a few minutes at a time, and experienced intense pain when moving from one position to another. Her past work had been as an office manager, which was described as a sedentary job. Based on this evidence, the SSA determined she did not have the RFC to sit for at least six hours a day, and therefore could not do even a sedentary job. She was approved for disability benefits.
  • The claimant filed for disability due to pudendal neuralgia. He underwent physical therapy that helped minimally, and received routine steroid shots that eased the pain. His past work was as an auto mechanic. Although the SSA determined he did not have the RFC to do his old job, it did determine that he could do a sedentary job so long as he could sit using a prescribed cushion to alleviate discomfort. He was, therefore, denied disability benefits.

For more information, swee our article on arguing you can do only less than sedentary work.

Your Doctor’s Opinion

The SSA is required to give significant weight to the opinion of your treating physician. Therefore, you must ask your treating doctor to prepare an RFC for you that includes information on your limited ability to sit. However, it is important that your doctor’s opinion is supported by objective medical evidence or the SSA may disregard it. Also, never submit an RFC from your doctor that doesn’t support your claim for disability. For more information, see our article on what to do if your doctor won’t help you with your disability claim.

Other Strategies for Approval

Even if the SSA determines you have the RFC to do a sedentary job, you may still win your claim using the following techniques:

Jobs with a sit/stand option. The symptoms of your condition may require that you be able to sit and stand or otherwise change positions as needed throughout the day. This requirement can significantly reduce the number of jobs that a person can do. If the objective medical evidence in your file shows that you must be able to alternate positions when you want to, it may be possible to argue that no jobs exist in significant numbers in the national or local economy that accommodate this requirement.

Combination of impairments. With chronic pain conditions like sitting disabilities, it is not unusual for a claimant to experience depression and anxiety or other impairments that impact the ability to work. The SSA must considerall of a person’s impairments and how they impact the ability to work. For example, a person with a sitting disability may not only have physical limitations in how long they can stay seated, but may also suffer from problems with focus and concentration stemming from the associated depression and anxiety. For more information, see our article on how to win benefits using a combination of impairments.

Grid rules. Older claimants may be able to win a claim using the grid rules, even if the SSA has determined the claimant can do a sit down job. The grid rules are a series of tables that direct a finding of disabled or not disabled based on the claimant’s age, education, RFC, and the skill level of past work. The grids can frequently help older, less educated claimants win approval. For more information, see our series of articles on how to win benefits using the grids.

Getting Help From an Attorney

Winning a claim based on a sitting disability can be difficult. However, an experienced disability attorney will review your claim and help you determine the approach that gives you the best chance at success. Consult an attorney in your area.

by: , Contributing Author

Get Your Case Reviewed

Find a lawyer for a free case review.
HOW IT WORKS
how it works 1
Tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO5:LDR.1.5.0.20140409.25642