Case 1

Claimant "Mr. X" is 53 years old. He finished the 11th grade and obtained a G.E.D. He has worked as a plumber for 23 years. He hurt his back and knees, from repetitive bending and kneeling, so 8 years ago he quit plumbing and got a job at Home Depot, as a salesperson, primarily working with plumbing supplies. About 2 years ago he could no longer perform the sales job, because of the prolonged standing requirements. He looked for work which would allow him to sit most of the time, but was unable to find a job that would accommodate him. After months of looking for work, a friend suggested he apply for Social Security Disability.

Mr. X filed an application and was denied. Social Security said that they realized he was concerned about his health, and that while he may not be able to do past work, there was less strenuous work he could still do.

Mr. X's friend then suggested he call an attorney. The attorney assisted him in appealing the denial of benefits, but he was turned down again. The attorney advised that this was not unusual, and encouraged him to request a hearing before an Administrative Law Judge.

Mr. X was very depressed about his financial situation. He also was having a difficult time getting along with family members and even strangers. Occassionally, he experienced shortness of breath and chest pains. Several times he went to an emergency room at a hospital and they told him that his heart was fine and he probably was having anxiety attacks.

Mr. X had some other minor impairments such as non-insulin dependent diabetes and hypertension. He was overweight as well. He was taking medicine for the hypertension, which made him urinate frequently, especially in the morning.

At his hearing, Mr. X testified that he could only stand or walk 30 minutes at a time, sit for 2 hours at a time, and lift 20 pounds occassionally and 10 pounds frequently. He advised that he could be around other people, as long as he didn't have to interact closely with them. He stated that due to pain, side effects from medication, and depression, he couldn't focus or concentrate on detailed or complex tasks, but could still perform routine simple tasks. He also advised that on the average he would need to urinate once per hour, and that a hypothetical employer would have to allow for several unscheduled restroom breaks per day.

Would this claimant be approved for benefits?

Probably not. A vocational expert would probably testify that a person with Mr X's limitations could in theory work in jobs such as  a small products assembler, laundry worker, or merchandise marker.

Even though Mr. X could not earn anywhere near the salary he used to earn, and it is doubtful someone would hire him, if he could hypothetically perform any work which existed in significant numbers in the national economy, he will be found not disabled.

The Social Security disability rules and regulations may not always seem logical or fair, but they are what they are. People who make disability determinations are human and can and do make errors sometimes. There will be cases where a person who should be awarded benefits is denied and situations where a person gets benefits and shouldn't.

At Michael Steinberg and Associates will will make every reasonable effort to assist you. We will make sure that the disability adjudicator or Administrative Law Judge has all of your medical records. We will research the law and provide legal arguments in support of your claim. And we will make sure you understand how the claims process works and assist you in completing forms and preparing for a hearing, if necessary, before an Administrative Law Judge.

We look forward to assisting you.

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Status questions can usually be answered by our legal assistants. Legal questions may only be answered by our attorneys.