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Every successful Social Security disability case must have a theory that explains why the claimant is entitled to disability benefits. Lake County Social Security Attorney John Paul Oreh has developed an appropriate theory and supporting evidence for each of his Cleveland and other Northeast Ohio disability cases.
There are two main theories that will result in a finding of disability. Depending on the facts, your case may fit into one or both of them.
The Listing of Impairments is a set of medical criteria for disability for many common and some uncommon physical and mental impairments. For example, there are listings for various types of heart and lung disease, diabetes, back problems, and mental disorders to name just a few. The Listings are available on the Internet at http://www.socialsecurity.gov/disability/professionals/bluebook/index.htm.
The Listing medical criteria specify a degree of severity at which a person is presumed to be so limited that he or she cannot perform any substantial work. Our Lake County Social Security attorney knows that when a claimant’s impairment meets the criteria set forth in the Listing of Impairments, the claimant is said to “meet the Listings” and is found disabled.
A claimant may also be found disabled because his or her impairment does not meet the criteria, but is as severe as a listed impairment. The claimant’s impairment is then said to “equal the Listings.” This comes up in four situations: (1) you do not have one of the required medical findings stated in the Listings for your particular impairment but you have other findings; (2) you have all the findings but they are not quite severe enough and you have other findings; (3) there is no listing for your impairment, but it is as severe as a similar impairment that appears in the Listings; or (4) you have a combination of impairments, none of which meet the Listings alone, but all together they are sufficiently severe.
Whether your impairment meets or equals a listing involves a technical analysis of your medical records and test results. Nevertheless, disability under the Listings is an important theory to be able to argue when you can still do your past work. If your impairment meets or equals one of the impairments in the Listings, your ability to perform past work is irrelevant.
Our Lake County Social Security attorney knows that if your impairment does not meet or equal a Listing, to win disability benefits you will need to show that you cannot do past relevant work and that you cannot do other jobs that exist in substantial numbers considering your age, education, and experience. Most cases involve this theory.
For a job to qualify as past relevant work, you must have performed it within the past 15 years and the job must have been “substantial gainful activity” (SGA). That is, the job must have involved doing significant physical or mental activities; and you must have earned a minimum monthly amount for doing it. The amount is set by the Social Security Administration and goes up each year. Finally, you must have held the job long enough to learn to do it.
Our Lake County Social Security attorney understands that a job qualifies as past relevant work even if you did it only part-time, as long as it was substantial gainful activity.
You must prove that you cannot do a past relevant job even if that job no longer exists in the economy. In addition, if you can do a past relevant job as it is ordinarily done, you will be found not disabled even though your actual past job required greater exertion and you are unable to do that particular job.
Thus, you and your Lake County Social Security attorney have to identify your easiest full or part time past relevant job and then figure out why you cannot still do it. If you had an easy job in the past 15 years that you can still do, you will be found not disabled, unless your impairment meets or medically equals one of the impairments in the Listing of Impairments.
The Medical-Vocational Guidelines consist of three charts, called grids, which answer the question whether a claimant is or is not disabled for different combinations of maximum physical residual functional capacity (RFC), age, education and work experience. RFC is the level of work you can still do despite your impairments. For physical impairments, it is expressed in terms of whether you can do medium, light, or sedentary work. If your profile matches one of the rules in the Medical-Vocational Guidelines, the rules direct the outcome of your case. Even if your profile does not exactly match, the Guidelines must be used as a framework for the disability decision.
Under the Medical-Vocational Guidelines, the older you are, the less education you have, and the fewer job skills you have that can be transferred to other jobs, the more jobs you can still do and still be found disabled.
This fundamental principle of the Guidelines is based on the concept of vocational adaptability. Younger, better-educated people with work experience are more adaptable to job changes despite a decline in RFC caused by a medical impairment.
Here is a very simplified summary of the Medical-Vocational rules.
Presenting a winning case at a disability hearing can be complicated and technical. As you can see, just because employers won’t hire you because of your medical problems, doesn’t mean you are disabled. The Social Security Administration looks only at whether you are capable of doing jobs, not whether anyone would actually hire you. To win at your hearing, we may have to prove that you are unable to do jobs that you would never be hired for.
On the other hand, although you have to be unable to perform jobs existing in significant numbers in the economy, this doesn’t mean that you have to be unable to do any job. Very few people, including people who qualify for Social Security disability benefits, are unable to do anything.
If you are not already represented by a Lake County Social Security attorney and need an evaluation of your case, call the Law Offices of John Paul Oreh at 216-896-0935 for a free claim evaluation.