In order to win disability benefits, you will need to convince a Social Security decision maker – either an adjudicator (claims adjuster) or a judge – that you do not have the capacity to perform work activities for 8 hours a day, 5 days a week.
You will win if the judge finds that you would not be a reliable worker because of things like:
- excessive breaks during the day
- excessive absences from work
- problems with attention and concentration
- inability to perform basic physical activities such as sitting, standing, lifting and carrying
While Social Security likes to present itself as claimant friendly and informal, in fact, you must be very specific with any and all SSA personnel when describing your limitations.
When I meet with a client prior to his hearing, I always ask the following question: “tell me in your own words why you believe you would have problems performing a simple, entry level job?”
Usually, I get an answer that goes something like this: “I have a lot of pain in my lower back. I can’t sit very long and I can’t stand very long or walk very far. I can’t lift too much at all, and I have a lot of pain. Sometimes the only thing I can to for myself is to take a pain pill and lie down.”
Now, an answer like this is fine if you and I are having a friendly conversation, but it will not do at all when you are talking to a judge. Why? The judge will have no idea what you mean by:
- a lot of pain
- very long
- very far
- sometimes
- too much
If you hope to win, you must give the judge specifics:
- when you discuss your pain, use a one to ten pain scale, i.e. “my pain is always at level 4 or 5, and it spikes up to level 8 at least 3 times a week for 2 hours.”
- I can sit for no more than 20 minutes at a time, then I have to take a 10 minute break to walk around and stretch. I can sit a total of 2 hours during the day before my pain gets so bad I have to take a pain pill and sleep for 3 hours
- I can lift 5 lbs. frequently. A gallon of milk (8 lbs.) is difficult but I can lift it once or twice with both hands.
- I try to avoid taking pain pills but I find that I have to at least 3 times a week. When I take a pill, I go right to sleep for at least 3 to 4 hours
Some judges will accept without question your statements about your capacity to handle various activities. So, you should think about (and write down if necessary) your capacity to perform basic work functions. If the first time you think about your capacity to sit, stand, lift, carry, walk, push, pull, etc. is at the hearing, there is a good chance you will not give accurate information.
Practicing answers to these questions, by the way, can take some time – I often spend more time with my clients in our pre-hearing conference than they actually spend at the hearing itself.
Knowing that Social Security is looking for specifics will give you an edge and I hope this edge proves beneficial to you.