Knowledge is Power (Part 2)

The Best Social Security Disability Arguments, Knowledge is Power (part 2)

SSR 85-15

The first Social Security Rule, and arguable one of the most important ones, is SSR 85-15. I include this rule on every single prehearing brief that I submit to a judge. This ruling defines the specific areas of mental functioning that are required to sustain work. There are four major areas of mental functioning and a loss in any area, or a limitation as social security defines it, can result in a finding of disability. The potential limitations in these four areas are further categorized into no limitation, mild limitation, moderate limitation, and severe limitations. The ruling is as follows:

SSR 85-15 indicates that the final consideration is whether a claimant can perform even unskilled work. SSR 85-15 directs adjudicators to consider that the basic mental demands of competitive, remunerative, unskilled work include the abilities, on a sustained basis, to 1) understand, remember, and carry out simple instructions; 2) respond to supervisors and coworkers appropriately; 3) handle usual work situations; and 4) deal with changes in a routine work setting.

A “substantial loss of ability to meet any of these basic work-related activities would severely limit the potential occupational base.” This would justify a finding of disability because even favorable age, education, or work experience will not offset such a severely limited occupational base. The first area of mental functioning involves memory. If you have difficulties remembering things like taking medications, need reminders to do things or attend appointments, this is the area to focus on. It should be noted, however, that the “simple instructions” language is a very high standard to meet and will be applied to anyone under the age of 50.

The second category involves social functioning. Usually, this area involves anxiety or other social disorders. If you have difficulty interacting with strangers, family members, or people in general, this is the area you will want to focus on. The third category involves the ability to maintain concentration and pace. If you are easily distracted, have pain interfering with your ability to concentrate, or other symptoms that interrupt such concentration, focus on this. Try to map out how long you can do a task for before becoming interrupted. Finally, the last category involves the ability to adapt to change. If you have a routine, and disruptions to that routine cause you distress, to socially isolate, or to withdraw within yourself, this will be your main focus.

The most important part about all of this is that you tell your doctor exactly what limitations your conditions are causing and where you are having difficulties. If it does not show up in your treatment notes on a fairly routine basis, the judge can easily dismiss your statements at hearing as being subjective or not consistent with the rest of the record. Please reach out to us with any questions and we’ll do what we can to help!

– Michael