Advice from our Lawyers: Discuss
Limitations
At Your Disability Hearing
Limitations
from your medical conditions are the basis for being found disabled under the
rules of the Social Security Disability program. For example, if you have back
problems you may be unable to bend, stoop, or crouch because of limited range of
motion of your back, or due to back pain. The inability to bend, stoop, or
crouch, or your ability to do those things only on an occasional basis would be
your limitations in this example.
Someone with psychological problems
could have limitations that are different than physical limitations. A person
with anxiety may have limitations that allow them to do only simple and
non-detailed work, due to problems with focus and concentration. Other
psychological limitations could include limits on interaction with the public,
or even interaction with other employees.
The more limitations a person
has the harder it becomes to find suitable work that will
accommodate their
limitations. Since the rules of Social Security require a finding of ‘not
disabled’ if the claimant is capable of working in any job, the concept of
limitations and your residual functional capacity (RFC) to work (after taking
into account your limitations) becomes a critical step in deciding if a person
is disabled.
Things to Remember About Your Limitations
• Be honest, do not exaggerate
• Be sure to discuss physical and mental
limitations
• Remember to include limitations from side effects of any
medication you are taking
• Make a complete list of your limitations, with
each state which medical condition is
producing the limitation, and then
share that with your disability lawyer prior to your hearing
Disabling
conditions are going to produce limitations, and it is essential that you can
properly discuss your limitations in a reasonable way at your disability hearing
(and on the paper forms you complete earlier on in the process.) As you focus on
your limitations, remember that even if they don’t get the vocational expert to
say ‘no jobs’ available, meaning you are completely disabled or unemployable,
they still may play a part in helping the judge understand that you could not do
your past work, or sustain any work over the long run. Being prepared to discuss
your limitations in detail will help you explain the problems you would face if
you returned to work.
How to Get More Help
We hope the information linked to from this page will help you regardless of where you are in the process. If you have a question about your disability case that you don’t find answered in the resources linked to above, then contact us here or give us a call at (800) 584-3700.
For more information on our attorneys, please visit Our Attorneys page.
For more information on Social Security Disability, please see:
Social Security Disability Income (SSDI) FAQs
Supplemental Security Income (SSI) FAQs
Social Security Disability Links
Social Security Glossary