Social Security Law
Have you suffered a serious injury or have a permanent condition that doesn't allow you to work? The Law Office of L. Jack Gibney is here to assist you.
If you're disabled from an accident or illness, and looking to acquire temporary partial disability, permanent total disability, or something in between (permanent partial disability, temporary total disability), we will help make sure you're eligible for disability benefits that will support you financially.
Our country's Social Security disability system was designed to provide people with a security net when times are bad. We will fight for the Social Security disability benefits that may be due to you.
There are several different ways that a person can be found to be disabled under the Social Security disability process:
1. Satisfaction of a Listing or Listed Impairment.
2. Application of the Grid Rules.
3. Less than sedentary residual functional capacity.
The Adminsitration has determined that some physical or mental conditions are so problematic in terms of being able to fine employment and maintain employment that if the person satisfies one of these Listings the person is disabled. It is very difficult to satisfy a Listing but the Adminsitration has broken the body into different body systems and each body system is covered. The satisfaction of a Listing depends heavily on the medical evidence that is contained in the file. Objective testing is critical in the applicaiton of a Listing. Age, education or the person's vocational history including any acquired skills is not critical in the application of the Listings.
During the process of deciding a claim the Social Security Adminsitration has established a set of Rules that will determine if a person is disabled without further inquiry. These rules are commonly referred to as Grid Rules but are defined as Medical-Vocational Guidelines. The person's age and educational level is critical to the application of each of the Grid Rules; the Rules typically are not applied until the person has reached at least 50 years of age. In each of the Grid Rules the person's past relevant work is also evaluated in terms of the skill level of the past relevant work and whether or not any of the acquired skills can be transferred to other types of jobs. I have posted the links to the Grid Rules below:
LESS THAN SEDENTARY RESIDUAL FUNCTIONAL CAPACITY
The Adminstration has determined that is a person is unable tp perform even sedentary work on a sustained basis that the person is disabled. Sedentary work is defined as work that requires the person to lift ten pounds or less frequently and requires the person to sit six hours per day and stand and/or walk two hours or less per day on a sustained basis. If the person is unable to perform this type of work, the person can be found to be disabled. In this analysis the opinions of treating physicians are very important. Howeverr, any opinion from a treating physician should also be supported by objective medical testing or a consistent treatment record that evidences the inability to perform even sedentary work.
During the analysis and prosecution of any disability claim all three bases for disability should be considered and the development of the medical evidence including the opinions of the treating physicians should be thoroughly developed.