When you're trying to get Social Security disability, there are two very important aspects to deal with.
One is the medical aspect. You must establish through objective medical evidence, that you have at least one severe impairment that has lasted or will last at least 12 straight months. Of course, you need more than just a diagnosis. You need consistent medical treatment, preferably from a specialist. Social Security wants to see that you are trying to get better and you're doing all you can to improve through medical treatment.
Second, is the vocational aspect of disability. This means that you must relate your impairment to how it restricts your ability to work. To do this, you will concentrate on functional restrictions. How does your medical impairment restrict your ability to sit, stand, walk, bend, lift, carry or perform other functions required of most jobs?
You will need to address those restrictions very specifically. How long can you sit, stand or walk at one time? How much could you lift and carry during an 8-hour workday? Let's say you feel you are limited to a lift/carry restriction of 20 pounds. How often could you lift and carry 20 pounds?
Occasionally? This means from very little up to one-third of an eight-hour day.
Frequently? This means from one-third of the time up to two-thirds of the workday.
Constantly? This means without limitations.
If you are age 50 or over, the vocational factor is very important. The decision maker must decide if you have the functional capacity to perform any of your past relevant jobs. Therefore, your capacity must be well defined.
How does a herniated disc in your lumbar spine restrict your ability to perform work-related activity? Which work activities are restricted? How severely are your work activities restricted?
For example, if you have a herniated lumbar disc with back pain, and it restricts you to lifting and carrying no more than 10 pounds, standing no more than 2 hours per 8-hour day, and walk no more than 1 hour per day, you don't have the functional capacity to perform a light or medium level job. To determine if you can perform a job at the sedentary level, we would look at how long you are able to sit--because sedentary jobs require sitting about 6 hours each day.
As you prepare for your Social Security disability hearing, focus no only on your medical diagnosis, but also on the vocational restrictions that result from the medical problem(s).
It isn't enough to show that you have a herniated disc or spinal stenosis. You must go a step further and show how those things restrict you from performing an 8-hour day of work, 5 days per week.
If you can get a Residual Functional Capacity form from your treating doctor, it can go a long way in proving the work restrictions caused by your medical condition(s).
In short, Social Security wants to know:
- What are your medical impairments?
- How do they keep you from working?
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