Knowledge is Power (Part 3)

The Best Social Security Disability Arguments, Knowledge is Power (Part 3)

SSR 96-8p
The second Social Security Rule that will be discussed in the blog series is often considered the golden standard for Social Security Disability. SSR 96-8p outlines the definition of Social Security Disability as a vocational standard. Remember, when applying for disability benefits, you are alleging that you are unable to work as a result of the severity of your medical conditions. SSR 96-8p, however, is the standard by which it is determined whether you are or are not disabled.

SSR 96-8p requires an assessment of Claimant’s ability to sustain work on a full-time basis, in a competitive work environment, on a regular and continuous basis. Boiled down, this means that the standard of disability is showing that you cannot sustain full time work, 8 hours a day 5 days a week, on a continuous basis (for at least 6 months or more) and at a competitive pace. Additionally, this analysis requires a judge or adjudicator to consider the effects of any severe and non-severe impairments, singly and in combination, and medicinal side effects when creating the Residual Functional Capacity, or the vocational base within which an adjudicator finds that you could physically perform.

Now for the important part; how can you use this knowledge to better your chances of approval? First, make sure to tell your doctors not only about every single condition currently affecting you, but also about how they are impacting your daily activities. Second, make sure to tell your doctors about any side effects from medications you are having, even if this side effect is as common or non-severe as fatigue or exhaustion. Third, for the purpose of statements to Social Security, which is often made through function reports, make sure to include a statement explaining difficulties you have in performing tasks. If it takes you two hours to clean because you are in pain and have to stop every 15 minutes to take a break, tell them that. Showing that you cannot sustain full time work, 8 hours a day, broken up into 2 hour increments with brief 10 minute breaks, as a result of your conditions, symptoms, and side effects, is key to winning your case.

We at Mission Possible are here to help you! Feel free to reach out if you have questions about applying for Social Security Disability Benefits.

~ Michael