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.

• Disability attorneys know exactly what information the Social Security Administration requires to make a decision in your favor and they know how to get it.
• Disability attorneys are often able to develop the evidence more thoroughly than Social Security staffers who must process a large number of applications with significant time constraints.
• Disability attorneys know how to prepare their clients in order to improve their effectiveness and credibility as witnesses.

What kind of attorney should you hire to handle your Ocala Social Security disability claim?

A skilled and experienced Ocala Social Security disability can help you navigate the thousands of pages of Social Security disability law, which changes frequently. To help you through this process, you will need a disability lawyer who specializes in Social Security disability law and is current on the latest developments that may affect your disability case.

It is essential that your lawyer meet with you in person before you hire him or her. The most important trait you should look for in an Ocala disability lawyer is a willingness to listen to your story carefully enough to learn and understand the key facts about your medical history and work problems. This information is important for your lawyer to prepare a plan to win your Ocala disability case.

If you would like to discuss your disability case with a qualified Ocala Social Security attorney who will take the time to listen, contact Claudeth J. Henry today.  Your initial consultation is free.

Don’t attempt to explain the medical issues in your case.

Some claimants want to tell the ALJ all about their diagnosis and other medical issues. Testimony like this from you usually does not help your case.  Your Ocala disability lawyer will provide the ALJ with your the medical records, doctors’ reports, and other medical evidence. Therefore, do not repeat to the ALJ medical explanations of your condition given to you by your doctor, unless the ALJ asks: “Tell me what your doctor told you about your condition.”

If you are asked why you can’t work, you might be tempted to answer with your diagnosis, such as “I have a herniated disc.” But many people with herniated discs still work. It is the severity of your pain and other symptoms that keep you from working.  You know better than anyone else how your symptoms limit what you can do. Therefore, if the ALJ asks this question, take advantage of the opportunity to describe how your impairment limits your ability to perform specific activities, such as standing, sitting, lifting and moving around.

Don’t argue your case to the ALJ.

Some claimants try to argue their case to the ALJ and get stuck talking about things that just don’t matter. (E.g., “There are no jobs available around here like my old job.”) But arguing is a mistake. Whether you are “disabled” under the Social Security regulations is a hypothetical determination.  By that I mean that the question that the ALJ needs to answer is “If, hypothetically, an employer were to offer you a job, do you have the ability to do it?”

Facts such as whether any employer in your area has offered or would ever offer you a job are irrelevant to the determination of whether you are disabled.  Your testimony should focus instead on the facts that do matter. The reasons that you cannot do a sit-down job for eight hours a day are the sort of facts that you should mention.

In order to be well-prepared for a hearing, you will need the help of a qualified Ocala disability attorney. Fill out the claim evaluation form on this page to arrange for a free consultation with experienced Ocala Social Security lawyer CJ Henry.

Past relevant work. As for this first fact, we need to prove that you cannot do any job you had during the past 15 years for long enough to learn it.  Jobs that you had for less than 30 days don’t count.  I will ask you to tell the ALJ about the easiest job that you performed during the preceding 15 years. The ALJ will need to understand the reason you can no longer do that job. In explaining why you can’t do the job, you don’t want to waste time on explanations that the ALJ will consider irrelevant.  The ALJ wants to know why you are physically or mentally unable to do the job.  It does not matter that your employer has gone out of business or refuses to hire you because of your medical problems.

Inability to do other jobs. As for the second fact we must prove, you need not be in excruciating pain nor be confined to a bed for the ALJ to conclude you cannot adjust to other jobs.  For example, a 50-year-old claimant, who did not complete high school and whose job experience is limited to unskilled heavy work might have to prove that he can’t perform a light job to be considered disabled. A light job involves standing for six out of eight hours, frequently picking up ten pounds, sometimes picking up 20 pounds. This person may have a back condition that prevents him from doing the lifting and standing required by light work.  He may still be able to do a sedentary or sit-down job.  Nevertheless, he would be disabled because at his age, with his education and work experience, the Social Security regulations do not expect him to be able to adapt to sedentary work.

If I represent you, I will review your situation to determine exactly what you will need to prove at your hearing to win benefits. For more information and legal help with an Ocala Social Security disability hearing, contact Ocala disability lawyer CJ Henry by filling out the claim evaluation form on this page.

When we meet to prepare for your hearing, we will talk about your impairment and the issues in your disability claim and get you ready to testify. One of my main goals during our meeting is to relieve any worries you may have. You will be a better witness if you are not unduly apprehensive about testifying.

We will review the topics that you will be asked about such as: your education and training, job history and occupational abilities, medical impairments and therapies, physical capacities, and your daily routines, activities and limitations.  I will give you some tips for testifying.  Because the hearing is recorded, you must speak loudly and clearly enough for the microphones to record what you say. It’s important that you testify honestly, that you describe your circumstances accurately, and that you don’t overstate or understate your impairments. You should describe how your condition limits your activities or causes pain when you do certain tasks. You should inform the ALJ about particular difficulties in your day-to-day life.

I will explain the logistics, such as where to go, what time to be there, and what to wear.  I will tell you exactly what you can expect to happen at the hearing and how the ALJ will conduct it.

The best way to make the hearing process go smoothly is to hire an experienced disability lawyer to help you prepare ahead of time. If you have some idea of what questions the judge is likely to ask and what answers will best convey the information he or she needs to find you disabled, you will be more relaxed and your testimony will come across better.

If you have been denied Florida Social Security disability benefits, contact the CJ Henry Law Firm at (352) 304-5300 for a free claim evaluation

It is particularly helpful to have an experienced disability lawyer assist you with your Florida Social Security disability claim when documented substance use disorders and mental impairments are involved. As an experienced Ocala disability lawyer, I know that these are some of the most complicated and difficult disability claims because it is extremely difficult to differentiate between mental limitations resulting from substance use versus mental limitations resulting from other causes. If you have mental impairments that would diminish sufficiently to allow you to work if you stopped using drugs or alcohol, you will not be disabled.

Because of this, the Social Security Administration suggests that the most useful evidence come from a period when the claimant is not using drugs or alcohol.

Prejudice against alcoholics and addicts

While alcoholism and drug addiction can be common issues affecting our society today, Florida disability claimants who suffer from these afflictions can often be viewed with prejudice by Social Security Administration adjudicators.

As an Ocala disability lawyer, the best thing I can suggest to an Ocala disability claimant suffering from alcohol or drug addiction is to stop drinking or using drugs. The greatest evidence of disability that can be presented in a case that involves drug abuse or alcoholism comes after a claimant has stopped using drugs or alcohol. It is much easier to prove a Florida disability case if a claimant remains incapable of working after a significant period of sobriety. However, it will do a claimant no good to lie that he or she has stopped using drugs or alcohol. Indeed, lying about this will likely make the case more difficult to win.

Florida Social Security disability cases involving drug addiction or alcoholism can be very complex. Contact dedicated Ocala disability lawyer Claudeth J. Henry for help with your disability case.

A mental RFC assesses whether you have the capacity for skilled, semiskilled, unskilled, or below unskilled work.

Many jobs require only unskilled work. Unskilled work involves uncomplicated tasks that can be learned on the job in a short period of time, usually 30 days or less, and that require little or no judgment on the part of the worker. An example of an unskilled job is machine tending (feeding or removing materials from machines that are automatic or operated by others).

The Social Security Administration will likely not approve your application for disability benefits if you have the mental ability to perform at least unskilled work, unless you also have a physical impairment that limits your work capacity.

On the other hand, if you have a clear impairment in any of the abilities required for unskilled work, you will be awarded Social Security disability benefits, even if you do not have a physical impairment. In order to qualify, you must show that you have a substantial loss of the ability to meet any of several basic work-related activities on a sustained basis, defined as 8 hours a day, 5 days a week, or an equivalent work schedule.

Mental activities that are generally required by competitive, paid, unskilled work include:

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

The Social Security Administration will assess your RFC based on all the relevant evidence in you case record, such as:

• Medical records;
• Medical history;
• Medical reports;
• Medical signs and laboratory findings;
• Medical source statements from treating physicians;
• Effects of treatment, including limitations or restrictions imposed by the mechanics of treatment (e.g., frequency of treatment, duration, disruption to routine, side effects of medication);
• Effects of symptoms, including pain, that are reasonably attributed to a medically determinable impairment;
• Reports of daily activities;
• Lay evidence;
• Observations of your limitations from your impairment provided by you, your family, neighbors, friends or other persons;
• Recorded observations;
• Evidence from attempts to work;
• Need for a structured living environment; and
• Work evaluations, if available.

If you are seeking Florida Social Security disability benefits and would like help from a skilled Ocala disability lawyer, contact Claudeth Henry.  To schedule your free initial consultation, complete the form on this page or phone (352) 304-5300.

The first step in determining whether you are capable of adapting to other jobs is to determine your residual functional capacity or RFC.  Your RFC is the most exertion you are capable of despite your impairment.  As we explained in an earlier post, your RFC is expressed in terms of whether you are limited to medium work, light work, or sedentary work.

Medical Vocational Guidelines

After the Social Security Administration determines your RFC, it turns to the Medical Vocational Guidelines, also known as “the grids.” Under the grids, the older you are, and the less education and job skills you have, the easier it is to be found disabled.  The grids are set up as three charts: one for claimants with an RFC for medium work; one for claimants with an RFC for light work; and one for claimants with an RFC for sedentary work.

Each chart has four columns: one for age range; one for educational level; one for the level of skill required by the claimant’s prior work; and a final column for the decision “disabled” or “not disabled.”

The Social Security Administration will look at the chart that applies to your RFC, and find the row that matches your age range, educational level, and skill level.  If the decision for that row is “disabled,” you will be entitled to benefits.

If the decision for that row is “not disabled,” your case is not over yet.  Social Security will then determine whether you have any additional non-exertional limitations that limit the jobs that you can do.

Non-exertional Limitations

Non-exertional limitations include restrictions on your ability to:

• Bend, stoop, climb, balance, kneel, crouch, and crawl;
• Use your hands to reach, handle, finger, and feel;
• See objects up close, at a distance, perceive depth, color, and peripheral objects;
• Hear and speak; and
• Tolerate exposure to heat, cold, humidity, noise, vibrations, and odors.

These non-exertional limitations may restrict the number of jobs you are able to do so significantly that you will be found disabled.  In addition to non-exertional limitations, the Social Security Administration will also consider the impact of your symptoms, such as pain, numbness, nausea, and dizziness, on your ability to work.

If you are unable to work because of a health problem and would like help obtaining Social Security disability benefits, dedicated Ocala Social Security disability attorney Claudeth Henry may be able to help you with your claim. Simply fill out the form on this page to schedule a free initial evaluation of your claim.

Many Florida Social Security disability clients suffer from chronic pain. However, claimants suffering from chronic pain sometimes have trouble convincing the Social Security Administration that their pain prevents them from working because pain tends to be subjective and difficult to measure. Thus, the Social Security Administration will look at the credibility of the claimant’s description of his or her pain in order to determine if Social Security disability benefits will be awarded.

In order to assist in its decision-making process, the Social Security Administration will evaluate the extent to which your pain prevents you from working with the following questions:

1. Do you have objective evidence that demonstrates a “medically determinable impairment” that could reasonably be the origin of your pain? Stated another way, your medical records and doctors’ reports must illustrate an underlying physical or mental impairment that could reasonably be expected to cause the pain.
2. If you are able to demonstrate a “medically determinable impairment,” how intense and persistent is your pain and how does it limit your ability to perform basic work activities?

Your credibility in describing the intensity and persistence of your pain can be crucial to the success of your case. In order to determine your credibility, the Social Security Administration will look to see whether your statements describing your pain are consistent with the medical evidence and other evidence presented in your case.

Objective Evidence of a “Medically Determinable Impairment”

Your chronic pain must be related to a “medically determinable impairment.” The impairment must be an anatomical, physiological, or psychological abnormality that can be shown through objective evidence consisting of medically acceptable clinical and laboratory diagnostic techniques.

Without this objective evidence, mere statements that you suffer from pain are not enough to prove you are disabled. No matter how genuine your complaints of pain are, the Social Security Administration requires medical signs and laboratory findings that show the existence of a medical impairment that is consistent with your subjective evidence of chronic pain before awarding Social Security disability benefits.

Contact dedicated Florida Social Security disability lawyer Claudeth Henry to discuss establishing a claim based on chronic pain or for a free initial consultation.

Medical-Vocational Guidelines for applicants 55 or older

The Medical-Vocational Guidelines are rules utilized by the Social Security Administration to determine what other work you can do. These rules are favorable to those over 55 years of age because they recognize that if you are older and your medical condition limits your level of exertion, it will be more difficult for you to adjust to a new job.

Indeed, the Guidelines presume that you are unable to adapt to other work if you are 55 or older and are limited to unskilled light work. An experienced Ocala Social Security disability attorney can use these presumptions to help you win your Florida disability case.

Past relevant work

You must establish that you cannot do your “past relevant work” before the Medical-Vocational Guidelines will be applied to your Florida disability case.

The Social Security Administration defines past relevant work as work you have done within the past 15 years, that was substantial gainful activity, and that lasted long enough for you to learn to do it. If the Social Security Administration finds that you have the residual functional capacity to do your past relevant work, your Florida Social Security disability claim will be denied. Once the determination is made that you can perform your past relevant work, you will not benefit from the favorable age presumptions set forth in the Medical-Vocational Guidelines.

Proving that a claimant cannot perform past relevant work is an important way that a disability attorney can help a claimant over 55 obtain his or her disability benefits. A knowledgeable Ocala Social Security disability attorney can help you reap the benefits of the favorable age presumptions set forth in the Medical-Vocational Guidelines if you are 55 and older.

Should you file for early retirement benefits instead of disability?

It is common for individuals who become disabled near the age of 62 to file for early retirement benefits rather than disability benefits. However, because the Social Security Administration penalizes early retirees with reduced benefits, early retirement in this situation can often be a mistake. In order to avoid a reduction in benefits, claimants should obtain disability benefits until they reach full retirement age.

If you would like to meet with an experienced Ocala Social Security disability attorney to discuss how your age affects your claim for disability benefits, contact dedicated Ocala disability lawyer Claudeth J. Henry at (352) 304-5300.  Your initial consultation is free.