|
||||||||
|
||||||||
Posted by Steve C
If anyone is in the process of filing for either SS Disability or an
individual insurance policy and would like to discuss this with me,
please contact me via e-mail. I will not be responding to any messages
on the board, nor checking them.
The below is SS Ruling 96-9p. It is one of just many rulings issued by
the SSA to interpret their code. What matters is what is stated there,
not what is stated here. The Social Security process is very involved
and a lawyer or a NOSSCR is recommended to traverse the code. It is
possible that I could point you in that direction. There are no
loopholes or technicalities that you will find to get benefits
wrongfully. There is an Administrative Law Judge that has heard it all
and will look at everyone on a case by case basis to determine if their
condition, and specifically the limitations presented by it, causes the
person to not be capable of Significant Gainful Employment [SGA].
The judge may approve you without a vocational expert (VE). If he denies
you without a VE the odds are strong an appeal will remand it back to
the judge because the judge is not trained to find jobs. He is trained
to interpret law. Although in clear cut cases, it is likely that a judge
denying would hold up - conjecture on my part. My reading of the code is
that the judge MAY call for a VE. But I'm told if you are denied without
one, a remand is virtually certain. No doctor may state that you can
work because he is not a vocational expert. He will comment on what he
feels you can do. It is up to he VE, again from MY reading of the code,
to find jobs for you in significant number in the national economy. VE
are trained to know jobs and their requirements. Doctors comments are
regarding medical conditions. The judge generally will work with a
doctor and a VE on difficult cases, with clear guidelines for their use
and their weight.
It is my belief that severe tinnitus sufferers have significant sleeping
problems. That would be a likely spot to key in on for a claimant
because while not everyone understands severe tinnitus, being unreliable
as an employee due to severe sleeping difficulties is aproblem. Also, in
the SS Code, medications used to treat medical problems are to be given
conideration by the judge.
Again, I will answer questions as best I can by e-mail only. Sorry, but
I can't take the emotional stress of answering on this board. I'm
helping a few people already behind the scenes. In fact, I would
appreciate if no one responds to this message.
http://www.ssa.gov/OP_Home/rulings/di/01/SSR96-09-di-01.html
Here is the code in part:
INTRODUCTION: Under the sequential evaluation process, once it has been
determined that an individual is not engaging in substantial gainful
activity and has a "severe" medically determinable impairment(s) which,
though not meeting or equaling the criteria of any listing, prevents the
individual from performing past relevant work (PRW), it must be
determined whether the individual can do any other work, considering the
individual's RFC, age, education, and work experience.
RFC is what an individual can still do despite his or her functional
limitations and restrictions caused by his or her medically determinable
physical or mental impairments. It is an administrative assessment of
the extent to which an individual's medically determinable
impairment(s), including any related symptoms, such as pain, may cause
physical or mental limitations or restrictions that may affect his or
her capacity to perform work-related physical and mental activities. RFC
is assessed by adjudicators at each level of the administrative review
process based on all of the relevant evidence in the case record,
including information
about the individual's symptoms and any "medical source
statements"--i.e., opinions about what the individual can still do
despite a severe impairment(s)--submitted by an individual's treating
source(s) or other acceptable medical source.[1]
***NOTE: [my emphasis ] RFC is the individual's maximum remaining
ability to perform sustained work on a regular and continuing basis;
i.e., 8 hours a day, for 5 days a week, or an equivalent work schedule.
It is not the least an individual can do, but the most, based on all of
the information in the case record. The RFC assessment considers only
those limitations and restrictions that are caused by an individual's
physical or mental impairments. It does not consider limitations or
restrictions due to age or body habitus, since the Act requires that an
individual's inability to work must result from the individual's
physical or mental impairment(s). (See SSR 96-8p,
"Titles II and XVI: Assessing Residual Functional Capacity in Initial
Claims.")
Initially, the RFC assessment is a function-by-function assessment based
upon all of the relevant evidence of an individual's ability to perform
work-related activities. This RFC assessment is first used for a
function-by-function comparison with the functional
demands of an individual's PRW as he or she actually performed it and
then, if necessary, as the work is generally performed in the national
economy.[2]
Steve C
