I recently had a fall not a workers comp matter, fell on my own time. Injured my low back, left hip and left shoulder. Have been off work for four weeks straight. Highly unlikely that I will be back to work as a security guard. I have no insurance and therfore, no doctor will take me. How can I explain to the Social Security people that I am unable to do standing, sitting, twisting, bending, picking up, unloading, etc. Suggestion on how to win my case.

–Colleen

Jonathan Ginsberg responds: Colleen, you have correctly identified the issue in your Social Security case – there are physical movements that you can no longer do and these limitations affect your ability to perform work.

Recognize that if you are 50 or younger, the issue is whether you can do any work. Assume that you could not return to work as a security guard. Assume also that you cannot do any job that requires more than minimal standing. Could you do a simple sit down type of job? Is there any work you can do at all. It does not matter that you can’t find one of these jobs and it does not matter that you could not earn enough from one of these jobs to pay your bills. The only issue – if you were magically placed in a worksite, could you perform the job?

If you are over 50, other rules called the “grid” rules may apply and make your burden of proof easier.

The way I would approach a case like yours – ask your doctor to identify specific work activity limitations arising from your physical limitations. and ask the doctor to describe how your pain level interferes with concentration and attention. You will need support from your doctor to “translate” medical findings into specific work limitations. I would try to get the doctor to fill out a “functional capacity” checklist.

You may also want to take a look at my Disability Answer Guide, where I provide sample responses to Social Security’s forms.

–Jonathan

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