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Archive for the ‘Mental Disorder’ Category

Mental Disorders and the Ability to Work

Wednesday, April 18th, 2012

Ocala Social Security disability claimants frequently name mental disorders as a reason why they cannot work. Not only are mental disorders mentioned as a primary disability, many physical impairment cases include hidden psychological issues. This is because chronic physical impairments often can take a psychological toll.

Can you still do unskilled work?

Even if you suffer from a mental disorder, chances are that you will be denied Social Security disability benefits if you are able to perform unskilled work, unless you also have physical impairments. This is because the Social Security Administration can point to many jobs that require only unskilled work.

However, if you have a marked impairment in any of the abilities required for unskilled work you may be awarded disability benefits, even without a physical impairment.

What is unskilled work?

Unskilled work is defined by the Social Security Administration as work that needs little or no judgment to do simple duties that can be learned on the job in a short period of time. For example, one category of jobs that are considered unskilled is machine tending.  These types of jobs require the worker to feed materials into a machine or remove materials from a machine. A person can usually learn to perform this job in 30 days or less.  It requires little specific vocational preparation or judgment.

What mental abilities are required for unskilled work?

The mental activities that are generally required when performing competitive, paid, unskilled work include the following:

  • Responding appropriately to supervision, co-workers, and work pressures in a work setting.
  • Managing changes in a routine work setting.
  • Comprehending, remembering and carrying out simple instructions.
  • The ability to make simple work-related decisions.

A substantial loss of ability to perform any one of these basic work-related activities on a sustained basis (i.e., 8 hours a day, 5 days a week, or an equivalent work schedule), will substantially erode the unskilled sedentary occupational base and justify a finding that you are disabled.

If you have a mental disorder and are applying for Social Security disability benefits, contact Ocala disability attorney Claudeth J. Henry for a free evaluation of your claim.

 

Proving you cannot do sedentary work: Mental limitations

Wednesday, March 7th, 2012

Social Security disability claimants under the age of 50 typically must prove that they are incapable of performing most sedentary jobs. Mental and emotional problems, either alone or in conjunction with physical limitations, may severely restrict the sedentary jobs a claimant is capable of handling.

Sedentary jobs are the least physically strenuous types of work.  But they still require some ability to sit, stand, lift, carry, and manipulate objects.  As discussed in previous posts, significant limitations in these areas may lead to a finding of disabled.

In addition to physical abilities, all jobs, even sedentary jobs required certain mental abilities.  To be capable of performing any competitive, paid work, an individual must be able to:

  • Respond appropriately to supervisors, co-workers, and work pressures in a work setting.
  • Manage changes in a routine work setting.
  • Comprehend, remember, and carry out simple instructions.
  • Make simple work-related decisions.

A substantial loss of any of these abilities will seriously limit the number of unskilled sedentary jobs a person can do and justify a finding of disability.

If a claimant has some problems in any of these areas, but the problems do not amount to a substantial loss of the ability to perform these basic work activities, the claimant may or may not be disabled.  The administrative law judge or other decision maker will assess the claimant’s remaining capacities and make a judgment as to their effects on his or her ability to hold down a job.

Ocala disability lawyer CJ Henry can work with your doctor to identify all the physical and mental limitations that may affect your ability to perform a sedentary job.  She will help you gather the evidence and present it persuasively to the Social Security Administration. Contact experienced Ocala Social Security disability attorney Claudeth J. Henry for a free evaluation of your claim.

 

 

Residual Functional Capacity and Mental Disorders

Thursday, December 22nd, 2011

If you apply for Social Security disability benefits because of a mental impairment, the Social Security Administration will evaluate your mental “residual functional capacity” (RFC). Mental RFC is your ability to perform basic work-related activities, despite the limitations caused by your mental impairment.

If you have experienced a significant loss of ability to perform basic work-related, mental activities, you may qualify for disability benefits.

To be capable of performing paid unskilled work, you need to be able to:
• Understand, remember, and follow simple instructions.
• Make simple work-related decisions.
• Respond appropriately to supervisors and co-workers, typical work situations; and changes in the work routine.

Your claim for disability benefits may have been denied erroneously because the SSA incorrectly assessed your mental RFC. In that case, you must be prepared to testify at your hearing about your inability to perform these activities to convince the Administrative Law Judge that your ability to work is more restricted than the SSA initially determined it to be.

You may be asked about whether you can remember and follow work-related procedures and maintain your concentration over an extended period of time. You could be asked whether you have been able to arrive at work on time and stick to a schedule. Also important are your ability to work at a reasonable pace and to ask for instructions and help when you need it.

If your case involves a mental disorder, an experienced Ocala disability lawyer can help you prove your limited ability to work. Please contact at the CJ Henry Law Firm at (352) 304-5300 if you would like to schedule a time to talk.

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