FACTS THAT HAVE AN AFFECT ON DISABILITY CLAIMS

Social Security disability is one of the most regulated, codified and legislated programs in the country.  It's rules are found in the Social Security Act, the 20 Code of Federal Regulations, numerous Social Security Rulings (SSRs) and hundreds of federal court cases.

The following facts will play a major role in whether an individual can qualify for disability benefits:

• Age at the time of disability onset
• Residual Functional Capacity*
• Types of past relevant work**
• Sufficient work credits to be covered***
• Level of education and training
• Availability of medical records

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EXPLANATION OF TERMS

* Residual Functional Capacity (RFC) means the most that a person can do, in spite of his or her impairment(s).  For example, how long can the claimant sit, stand, walk; how much can he/she lift, carry, etc.? What is the claimant's exertional limitation:  very heavy, heavy, medium, light or sedentary? 

**Past Relevant Work (PRW) refers to substantial work that the claimant performed within the most recent 15-year period prior to filing a disability claim.  Only work during the most recent 15 year period is counted as PRW.  This rule usually favors the claimant because skilled work that he/she performed 20 or 30 years ago will not be used to deny the claim at Step 4 of the sequential process.

***  Work Credits.  To be covered by the Social Security Act, Title II, a person usually needs to have worked at least 5 years out of the most recent 10-year period, or to have accumulated at least 40 quarters of covered work.  This rule may vary for young individuals who aren't old enough to have accumulated 40 quarters of work.  Your local Social Security office can tell you whether you have enough work credits to be covered by Title II (Two).