A Successful Disability Claim – More than Just a Diagnosis

The Social Security Administration’s Five-Step Sequential Evaluation Process

            One of the things I hear most often from a client whose claim for disability is rejected is, “I can’t believe Social Security turned me down for benefits, I told them I have [insert ailment/disease/injury].” 

What surprises clients even more is when I tell them that two people of the exact same age, with the exact same medical diagnosis, may not both be eligible for Social Security Disability benefits.  In other words, a successful disability claim requires more than just a medical diagnosis.

            In the Social Security Administration's (SSA’s) Five-Step disability analysis, the diagnosis of a severe, medically determinable impairment is required at Step Two.  But having a severe, medically determinable impairment, in and of itself, does not prove that an individual cannot work.

Once a severe, medically determinable impairment is established at Step Two, SSA is interested in how this impairment affects an individual’s Residual Functional Capacity (RFC).  RFC is defined by the SSA as "the most you can still do despite your limitations.”  Because the limiting effects of injuries and/or diseases can be different for different people, individuals with identical diagnoses may have vastly different RFC’s. 

The RFC assessment is most important at Steps Four and Five of the disability analysis.  At Step Four, the SSA asks whether an individual can do any of his/her past jobs.  If it determines that the answer to this question is “No”, the SSA moves to Step 5 and asks whether an individual can do any other work.  An RFC assessment can be for a physical and/or a mental condition. 

For severe physical conditions, an RFC consists of an assessment of the individual’s ability to engage in a variety of physical activities during an 8-hour workday, including the length of time you can sit/stand/ and walk, how much weight you can lift and how often you can lift it, the functionality of your upper and lower extremities, and several other categories.

For severe psychological and psychiatric conditions, an RFC will consist of assessing an individual’s capacities to understand and remember, stay focused on tasks, interact with other people, and adapt to changes in the workplace.

For an individual to be successful in his/her claim for disability, that person must generally prove that there is no full-time employment that he/she can still do[1] on either a physical or mental basis, or a combination of the two.  This is a difficult requirement, which means that securing experienced, competent legal representation for your claim is essential.

- Eric J. Patrick, Esq.

           

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[1] Exceptions to this rule based on age, education, and category of past work begin at age 50.   

Social Security Disability & U.S. Veterans

            One of the most rewarding parts of my practice is working with United States military veterans.  Veterans make incredible sacrifices during their service years, including not only being apart from their families, but also facing the constant threat of serious physical and psychological injury.  While physical injuries are often readily apparent and undeniable, the serious psychological effects of military service on veterans are not always as easy to identify. 

What cannot go overlooked are recent reports that 2012 saw a record 349 suicides by military personnel, a number which “far [exceeded the number of] American combat deaths in Afghanistan” the same year.[1]  The article went on to note that “Iraq and Afghanistan war veterans suffering from depression, post-traumatic stress or substance abuse” appeared to be one of the main groups facing significant risks.  (Id.)

            Compounding the negative and predictable psychological effects of having experienced combat is what some have described as the stigma in the military of seeking out help for one’s psychological problems.[2]  During “the course of a soldier or officer’s training, we inculcate in them a vicious and emotional resistance to weakness”, and “teach them to bear their own load as well as their buddies’.”  (Id.)  One vet remarked that during service “[m]y mind was my saving grace, and to hear that it was now my biggest burden when I returned from a tour with post-traumatic stress sounded like a joke.”  (Id.)

            Unfortunately, the increasing number of military suicides is quite alarming, and suggests that returning veterans are increasingly coming to terms with the intense psychological stressors they experienced during their service. 

            Fortunately, one resource available to mentally stressed, unemployed veterans is Social Security Disability.  I have personally helped numerous veterans through the process of obtaining their benefits for diagnoses including Post-Traumatic Stress Disorder (PTSD), Depression, Anxiety, and Intermittent Explosive Disorder – not to mention for numerous debilitating physical diagnoses as well.

            For veterans interested in applying for Social Security Disability benefits, the most important thing they can do is consistently get treatment for their condition(s).  Doing so serves two purposes:  (1) Treatment is helpful to the individual who seeks it out because therapy is about confronting and dealing with psychological pain, not hiding from it; and (2) The burden of proof for receiving disability benefits is on the individual claiming disability, meaning that success depends on the kind of clinical medical evidence that is best obtained from consistent treatment.

            Remember, it takes a great deal of courage to seek out help, and asking is not a sign of weakness, it is a sign of strength.  Secondly, you’ve served your country and earned your right to benefits if you are no longer able to work because of either a physical or mental disability (or combination of both).  Contacting an experienced attorney who specializes in getting individuals their Social Security Disability benefits is the first step in getting the help you need.

- Eric J. Patrick, Esq.

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[1] http://www.sfgate.com/news/article/2012-military-suicides-hit-a-record-high-of-349-4192489.php

[2] http://ideas.time.com/2012/07/12/soldier-suicide-the-stigma-to-seeking-help/