New York Social Security Disability Lawyer Blog

Often, victory in a Social Security Disability case comes down to how much longer than two hours a claimant can stand in an eight-hour day. In certain cases involving claimants over the age of 50, we as practitioners take advantage of the Medical-Vocational Guidelines to show that while an older individual may be physically capable of engaging in alternate work activity, his or her age, education, and past work experience make it impossible or unrealistic for that individual to adjust to that kind of work.

In my experience, Administrative Law Judges (ALJs) frequently take advantage of the huge exertional differences between "sedentary" and "light" work - namely, the standing requirements - to deny claims under the Medical-Vocational Guidelines.

The Social Security Regulations classify how strenuous a job is and categorize it as anywhere from sedentary (i.e. a desk job with little or no lifting) to heavy (i.e. labor-heavy jobs requiring heavy lifting and little to no sitting). For the most part, the jobs at the heavier end of the spectrum differ only in terms of how much lifting is required. For example, the difference between a "medium" job and a "heavy" job is merely a 25-pound lifting requirement, as both require a six-hour daily standing and walking requirement.

Unfortunately, a disabled individual's abilities are frequently more varied than job classifications consider. An ALJ's decision to grant disability payments can often come down to whether he or she feels a claimant can sit for two or six hours in a workday. I've seen far too much abuse in this respect. For example, if a disabled individual can sit for only four hours in an eight hour day, it is more likely that the claimant will be found disabled under the Medical Vocational Guidelines. However, ALJs often view claimants' ability to stand for more than two hours as indicative of an ability to stand for six hours - a tremendous leap.

It is important for practitioners to be aware that evidence showing a claimant's ability to stand or walk for more than two hours if he or she is over 50 will not necessarily prevent a finding of disability. What is essential is stressing the definition of the exertional demands of certain levels of work. Likewise, potential claimants over the age of 50 should be aware that they may still be entitled to disability benefits depending on their past work, even if they feel that they could do some lighter duty job.

Brian M. Anson, Esq.

A client brought to my attention a recent posting on About.com offering advice by a clinical psychologist on how to file for Social Security Disability benefits.

While it's certainly great that this clinician is aware of Social Security Disability benefits and recognizes the importance of getting the word out about Social Security Disability benefits as an option, what I find infuriating is that she does not offer anything new. Rather than recommend that disabled people consider speaking to an attorney well versed in the Disability process, she offers generalizations gleaned from what appears to be a quick review of the Social Security website. She lays out the process as simple, fails to mention any of the well known pitfalls common to disability claims, and implies that 'disabled' people will be approved. What she completely fails to take into consideration and certainly does not mention to her readers is that a claimant for Social Security disability benefits cannot simply file the claim and then sit back and wait to be approved. It is crucial to contact treating sources and make sure not only that they provide the requested records and opinions, but that those records or opinions are presented in such a way as to lead the Social Security Administration to the logical conclusion that a claimant is disabled.

Attorneys experienced in handling Social Security Disability claims know what the doctors need to focus on when providing their opinions and know how best to present that information to the SSA decision maker. Furthermore, if a hearing is necessary, attorneys who have received advocacy training are much more likely to persuade Judges who might be on the fence over how to interpret certain evidence in the claims record.

Disability benefits can help pay for food, housing or medical care. Not to state the obvious, but If someone needs those benefits, winning is critical. Nobody should rely on an internet post to give them the instructions needed to win a claim - the nuances inherent in every individual's case make it completely unrealistic to expect a positive result in most cases. If you are disabled, the best way to get help with a claim is to contact an attorney well versed in the Social Security law and process.

Gabriel Hermann, Esq.

Visit InslerHermann's channel on YouTube, to see all the latest videos we have posted about filing for Social Security Disability. Click here for a direct link to the channel!