Thursday, August 30, 2018

NON-EXERTIONAL RESTRICTIONS CAN BE DISABLING

Social Security looks at your ability to perform both exertional and non-exertional tasks when they decide if you still have the ability to work.  A lot of times, people only look at the exertional demands of work and don't go any further.  This is a mistake.

There are 7 exertional demands of work:
  1. Standing
  2. Walking
  3. Sitting
  4. Lifting
  5. Carrying
  6. Pushing
  7. Pulling
When you have restrictions, such as pain or depression, which don't affect the strength demands of work, we look at the non-exertional restrictions on your ability to work.  Here are some examples of what I mean by non-exertional restrictions:

(i) You have difficulty functioning because you are nervous, anxious, or depressed;
(ii) You have difficulty maintaining attention or concentrating;
(iii) You have difficulty understanding or remembering detailed instructions;
(iv) You have difficulty in seeing or hearing;
(v) You have difficulty tolerating some physical feature(s) of certain work settings, e.g., you cannot tolerate dust or fumes (called "environmental" restrictions; or
(vi) You have difficulty performing the manipulative or postural functions of some work such as reaching, handling, stooping, climbing, crawling, or crouching.
 
The non-exertional restrictions may also be disabling and qualify for a disability benefit because they can prevent the ability to work on a regular and continual basis.
 
For example, being off task greater than 10 percent of the time because of pain, anxiety, depression or other mental impairments may be disabling.
 
Being absent 2 or more days per month due to your medical condition(s) may be disabling.
 
The inability to use the upper extremities and hands for handling, grasping or reaching can be disabling.
 
So, in crafting a good Social Security disability claim, your representative will want to look at the total picture--and use both exertional (strength) and non-exertional limitations to make the case that you cannot sustain full-time work.
___________
THE FORSYTHE FIRM
Huntsville, AL 35806
CALL US:  (256) 799-0297
 
E-Mail Us:   forsythefirm@gmail.com
 
 
 
 
 
 

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