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Archive for the ‘Back Pain’ Category

Claimants under 50: Proving you cannot do sedentary work

Thursday, February 23rd, 2012

Standing, walking, and sitting limitations

If you are under the age of 50, you will probably need to convince the Social Security Administration that you cannot perform most sedentary jobs to win benefits.  Evidence of limitations in your ability to perform the specific functions required by sedentary work is crucial.  Sedentary jobs require a certain capacity to sit, walk, and stand, among other requirements.  Proof that you lack the minimum capacity to perform these functions can establish that there are few sedentary jobs that you can perform.

Standing and walking restrictions

For the most part, sedentary work requires the capacity to stand and walk intermittently for a total of two hours of an eight-hour workday. Any significant reduction in your ability to do this will decrease the range of sedentary jobs that may be available to you.

If you need to use a cane, the number of sedentary jobs you can do will be limited because sedentary work requires that you be able to retrieve and return objects. With only one hand free, you may not be able to carry some objects encountered on sedentary jobs.

The need to lie down during the work day will further restrict the pool of sedentary jobs you can do.  Few sedentary jobs will accommodate the need to lie down.

Sitting limitations

The ability to sit for prolonged periods of time, approximately six hours of an eight-hour work day, is necessary to do most sedentary work.

The sedentary jobs you are capable of performing will be considerably reduced if you need to alternate periods of sitting with periods of standing. Depending on the frequency and duration of your need to get up, this limitation may be disabling.

Similarly, you may need to walk around from time to time.  Depending the frequency and duration of the need to walk around, this restriction can eliminate many sedentary jobs because it will take you away from your work station.

You may need to periodically elevate one or both legs.  Depending on how high your legs need to be elevated and for how long during the day, this limitation can also significantly reduce the number of sedentary jobs that you can perform.

An Ocala disability lawyer can help assess your standing and sitting limitations and their impact on your ability to work. Call (352) 304-5300 to arrange for a free consultation with experienced Ocala Social Security disability attorney Claudeth J. Henry.

 

Evaluating Chiropractic Evidence in Social Security Disability Cases

Monday, January 23rd, 2012

An experienced Florida Social Security disability attorney will tell you that the Social Security Administration differentiates between evidence from “acceptable” medical sources and “other” medical sources.

You may be surprised to learn that chiropractors appear on the list of “other” medical sources, a list that includes, among others, nurse practitioners and naturopaths. In fact, the administrative law judge hearing your Social Security disability case may consider chiropractic evidence to be the least reliable form of “other” medical source evidence. Accordingly, the judge presiding over your hearing may assign less weight to records from your chiropractor compared to records from other medical sources. Likewise, the judge may give less credibility to your chiropractor’s opinion regarding your impairment.

Due to the lack of credence given to chiropractic evidence in Social Security cases, you should not rely solely on chiropractic evidence to prove that you are “disabled” as defined by the Social Security Administration. You are advised to get an opinion regarding the existence of your disability from an “acceptable” medical source, such as a medical doctor. You may, however, rely on records from your chiropractor as additional evidence of the severity of your injury and its effect on your ability to perform your job duties. Thus, if regular chiropractic treatment provides you relief, you should continue to see your chiropractor, obtain an opinion from your chiropractor, and you or your Florida Social Security disability attorney should present this to the judge presiding over your case as supplemental evidence that you sought ongoing treatment for disabling pain.

For more information about your disability case, contact dedicated Ocala disability lawyer Claudeth Henry for a free consultation today. Simply fill out the form on this page or call (352) 304-5300.

 

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