Saturday, March 24, 2018

THE NARROW DEFINITION OF "DISABILITY"

Being disabled means different things to different people.  To get a benefit from the US Government, however, you must meet their definition of disability.

For non-blind individuals below the age of 50, being disabled according to Social Security means not being to perform any job that exists in the United States economy.

Further, a claimant must show that this disability has lasted, or is expected to last, 12 consecutive months OR to end in death.  So, no short term disability benefits.

You can see the bar you have to jump if you are not yet 50 years old--and high the bar is.

Let's take the case of Larry.  He is 47 with a high school education.  Larry has worked for 12 years as a construction foreman, on his feet all day, lifting up to 50 pounds frequently and up to 75 pounds at times.  His doctor has diagnosed degenerative disc disease in the lumbar spine, causing moderate central canal stenosis and radiating pain into the hips and legs.  The doctor has restricted Larry to lifting no more than 20 pounds occasionally.  He also restricted Larry to standing/walking no more than 4 hours per day.  So, his last work cannot be performed.

Up until 12 years ago, Larry worked as a counter sales associate for a wholesale plumbing supply store.  Here, he lifted no more than 10 pounds frequently and 20 pounds occasionally--but was on his feet 6 to 8 hours per day.

Social Security denied Larry's claim for SSDI benefits.  He appealed and took his case before an administrative law judge.  Here is what the judge decided:

Larry cannot perform one of his "past relevant jobs."  He cannot perform the work as a construction foreman.  However, this does not make Larry "disabled" under Social Security rules.  What about the other job as a plumbing sales associate?

The judge found that Larry is also unable to perform his past job as an inside plumbing sales associate because he would need to sit about once an hour due to back pain and he would not be able to stand/walk for the 6 hours required each day in that job.

So, Larry cannot perform any of his past relevant work?  Is he disabled?  Not according to Social Security.

Because Larry is under age 50, there is one more step.  Are there any jobs in the national economy that Larry would be able to perform?  (Whether Larry can find one of this jobs is not considered).

The answer is, Yes, Larry can perform some jobs at the sedendary exertion level.  These are jobs that can be performed mostly while sitting--needing to stand/walk no more than about 2 hours out of an 8-hour day.  The vocational witness gave 3 examples of jobs that Larry can do:

 
Also, the judge found that

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