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My Wife Had to Quit Her Job Because She Cannot Stand – Is this a Good Case for SSDI?

my wife has diabetes and a host of other problems such as problems ,such as high blood,pressure high  cholesterol rheumatoid   arthritis  in her hands and other joints (birth defect feet problem’s ,) which has caused her to leave her job because she can no longer stand for long periods of times she would like to know,if she has a good case for ss disability?
–Edna’s husband

Jonathan Ginsberg responds: The answer to your question is an absolute "it depends."  As you know, the main issue in any Social Security disability case has to do with the claimant’s capacity for work.  Here are the issues I would consider in your wife’s case:

  1. how old is she?  If she 50 years old or older, the grid rules may apply.  The grid rules make it easier to qualify for disability for people over age 50 with a limited education and medical problems that are physical in nature (such as arthritis and the birth defect).  Under the grid rules, for example, a 50 year old claimant with an 8th grade education would be found disabled even if the claimant could perform sedentary (sit down) work. Social Security recognizes that a 50 year old with a limited education would most likely have difficulty finding an entry level job.
  2. assuming that she is younger than age 50, do her impairments prevent her from performing a sit down type of job?  In your email you state that she cannot stand for extended periods of time?  If she can sit for hours at a time, however, there are plenty of unskilled, sit down jobs that exist in the national economy?
  3. if she experiences a significant level of pain with sitting as well as standing, she could have a good argument for disability.  Pain interferes with attention and concentration and also can make her unreliable at work.  If she is relying on pain as the basis for her disability, she will need the support of a treating doctor.  Here is where a strong "functional capacity" evaluation form would come in handy.  If her doctor agrees to help by "translating" her multiple medical problems into specific work limitations, there is a decent chance that she could be approved.

This is probably a case where it would make sense to hire an experienced disability lawyer.  You do not say where you live, but if you click on the link, you can access my referral panel.

[tags] sedentary work, social security disability lawyer, social security lawyer referral panel, grid rules [/tags]

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