YOU CAN'T DO YOUR PAST JOB: ARE YOU DISABLED?

You have an illness or injury that makes it impossible for you to perform the work you've done for years.  Does that mean you are disabled?  Not necessarily.

Here's an example:  Howard worked in construction for over 20 years.  He is 47 years old.  Gradually, he developed degenerative disc disease in the lumbar spine, probably helped along by heavy lifting, frequent bending and being on his feet 10 hours a day at work.  Howard's back and hip pain is too great for him to continue in construction work.  Can he get SSDI benefits?

It isn't that simple.  While I can prove that Howard must leave the construction industry, Social Security will argue that he can find other work that doesn't require as much lifting, bending, kneeling and walking.

Howard's construction work was classified as heavy work.  He was on his feet all day and lifted between 50 and 90 pounds.  Social Security will admit that he can't do heavy work anymore because of his spine disease.  However, they will also argue that Howard can do light or sedentary work.

If he is able to perform full-time light or sedentary work, he is not disabled at 47 years of age.  So, his benefit would be denied.  To win, he must prove that there is no full-time work in the national economy that he could do. He must prove that he can't do even sedentary (sit down) jobs, like ticket taker or parking garage attendant.

He is 47, so Social Security law assumes that Howard can adjust to new types of work.  Howard makes the following objections to this idea of new work:

• No one will hire me because I have no experience.
• The economy is really slow and new jobs are scarce.
• There are none of those jobs in my town; I'd have to move.
• The new jobs don't pay enough for me to live on.  Construction paid very good money.

• I really don't want to be a salesman or telemarketer, etc.

All of these objections do not matter to Social Security.  Their one requirement is "Can he do the work?"  They don't consider location of the work, pay, whether Howard can find a new job, or any of that.  

So, meeting all of the Social Security regulations for disability is a challenge.  In Howard's case, as a "younger individual," we will have to prove that there is no substantial number of full-time job in the United States that Howard can perform.  A good disability attorney or advocate may be able to prove this if there is good medical evidence.  But with individuals under 50, it's always challenging because the rules are so strict.