I recently received the following email from a reader of one of my blogs:
I have two ruptured lower back disks. No surgery required yet. But my doc said that my permanent restriction is 70lbs. Does this mean I can win Social Security disability?
Here are my thoughts: as I discuss on this web site there are basically three ways to win a Social Security disability case – you can:
- meet a listing
- meet a grid rule
- show that your functional capacity for work has been so reduced by your medical conditions that you would not be a reliable worker at even a simple, entry-level job
Let’s analyze how a 70 lb. lifting restriction plays into these three arguments:
Do you meet a listing – the applicable listing for back injuries is 1.0 – Musculoskeletal Systems. When you review this listing, you will see that SSA looks for a degree of impairment that prevents you from walking or using a major weight bearing joint. A lifting restriction of 70 lbs. will not cause the level of impairment contemplated by the listing, so this argument will not fly.
Do you meet a grid rule? – the grid rules apply to claimants over the age of 50 with physical limitations. Unfortunately there are no grid rules that apply for a claimant who has a 70 pound lifting capacity so that argument is out.
[Read more…] about A Single “Lifting Restriction” Likely Not Enough to Win Disability