USE BOTH PHYSICAL AND MENTAL RESTRICTIONS TO WIN DISABILITY

In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work.  Examples of such unskilled sedentary work might be a surveillance system monitor, or a document preparer.

All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting.

The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability.

Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis."  A sustained basis means 8 hours a day, 5 days a week, or an equivalent schedule.

 Severe symptoms of such conditions as PTSD, Major Depressive Disorder, Anxiety Disorder, Panic Disorder may impose restrictions on the ability to sustain the mental demands of full-time competitive employment, therefore justifying an award for disability.  The effects of both physical and mental disorders must be considered as they affect the individual in combination.

If you are a veteran with a VA disability rating and want to apply for additional benefits from Social Security, please contact the Forsythe Firm in Huntsville at (256) 799-0297.

Comments

  1. Charles W. ForsytheFebruary 2, 2016 at 9:26 PM

    You should know that disabled veterans may be entitled to receive both VA benefits and Social Security disability benefits at the same time. Veterans who served in any branch of the armed forces and who became disabled while on active duty any time after September, 2001 (whether the disability is service connected or not)may qualify for full Social Security disability benefits in addition to full VA benefits.

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