Our phone lines are currently not accepting calls due to a network outage. Please email all Social Security Disability inquiries to stacy@donatilaw.com. All other inquiries can be directed to amy@donatilaw.com.

Donati Law, PLLC
  • Home
  • About Us
  • Our History
  • Our Team
    • Don Donati
    • Wanda Donati
    • William "Billy" Ryan
    • Alison Ryan
    • Bryce Ashby
    • Robert Donati
    • Ellen Donati Flechas
    • Janelle Crandall Osowski
    • Melissa Stewart
    • Ruchee J. Patel
  • Practice Areas
    • Employment Law
    • Car Accidents
    • Consumer Law
    • Civil Rights
    • Criminal Defense
    • Immigration Law
      • Resources
      • Family Immigration
      • Employment Immigration
      • Asylum & Refugee Status
    • Personal Injury
    • Social Security Disability
    • Wage & Hour Violations
    • Workers' Comp
  • COVID Resources
    • ADA Reasonable Accommodation: COVID-19
    • COVID-19 Safety Complaints & Whistleblower Protections
    • Medical and Family Leave: COVID-19
  • Blog
  • Results
  • Testimonials
  • Contact Us
(901) 209-5500

Call for Prompt Legal Assistance

    • Home
    • About Us
    • Our History
    • Our Team
      • Don Donati
      • Wanda Donati
      • William "Billy" Ryan
      • Alison Ryan
      • Bryce Ashby
      • Robert Donati
      • Ellen Donati Flechas
      • Janelle Crandall Osowski
      • Melissa Stewart
      • Ruchee J. Patel
    • Practice Areas
      • Employment Law
      • Car Accidents
      • Consumer Law
      • Civil Rights
      • Criminal Defense
      • Immigration Law
        • Resources
        • Family Immigration
        • Employment Immigration
        • Asylum & Refugee Status
      • Personal Injury
      • Social Security Disability
      • Wage & Hour Violations
      • Workers' Comp
    • COVID Resources
      • ADA Reasonable Accommodation: COVID-19
      • COVID-19 Safety Complaints & Whistleblower Protections
      • Medical and Family Leave: COVID-19
    • Blog
    • Results
    • Testimonials
    • Contact Us
  • Search
  • Contact
  • Staff
Blog /2013 /April /Disabling Limitations: What sort of restrictions does the Social Security Administration consider?


Categories
  • ADEA
  • Affordable Care Act
  • Age Discrimination
  • Arbitration Agreements
  • At-Will Employment
  • Breach of Contract
  • Car Accident
  • Carbon Monoxide
  • Claim Management
  • Class Action
  • Commercial Appeal
  • Commission-Based Employees
  • Congress
  • Criminal Defense
  • Criminal Record
  • DACA
  • Disability
  • Disability Claim
  • Discrimination
  • DOMA
  • DREAM Act
  • EITC
  • Employee Misclassifications
  • Employment Law
  • Employment Termination
  • Estate Law
  • Expungement
  • Fair Credit Reporting Act
  • Family and Medical Leave Act
  • FAQ
  • FLSA
  • Fraud
  • Gender Discrimination
  • Government Shutdown
  • Health
  • ICE
  • Immigration
  • Immigration Law
  • Immigration Reform
  • Independent Contractor
  • Insurance
  • jones act
  • Leave & Break Rights
  • LGBT
  • Local News
  • Long Term Disability
  • Medical Malpractice
  • medicare
  • Misclassification
  • mississippi river
  • Motorcycle Accident
  • News
  • Non-Compete & Non-Disclosure Agreements
  • Overtime Wages
  • personal injury
  • President Obama
  • Qui Tam
  • Retaliation
  • Semi-Truck Accident
  • Sequential Evaluation Process
  • Severance Agreement
  • Sexual Harassment
  • Short Term Disability
  • slip and fall
  • Small Businesses
  • social security
  • Social Security Administration
  • Social Security Card
  • Social Security Disability
  • Social Security Disability Benefits
  • Social Security FAQs
  • Social Security Number
  • SSDI
  • SSI
  • State Law
  • Taxes
  • Technology
  • Tipped Employees
  • TPPA
  • Trip and Fall
  • Unemployment Benefits
  • Unlawful Presence
  • USCIS
  • veterans
  • Veterans' Benefits
  • Visa
  • Visa Bulletin
  • Wage & Hour
  • Whistleblower
  • Wills
  • Workers' Compensation
  • Workplace Retaliation
  • Wrongful Death
  • Wrongful Termination
Share This Post:

Disabling Limitations: What sort of restrictions does the Social Security Administration consider?

Apr 25, 2013 /
Donati Law, PLLC
  • Disability /
  • Social Security Disability /
  • Social Security FAQs /

In many cases, whether or not a claimant can prove disability depends on what work restrictions the Social Security Administration believes her to have. Because of its importance, proving these functional limitations is one of the critically important roles carried out by a disability attorney.

Types of Restrictions: Exertional Limitations

In establishing what a claimant can or cannot do, an ALJ creates a Residual Functional Capacity (RFC). In an RFC there are two basic categories of restrictions: exertional and non-exertional. Exertional limitations concern primarily how much weight can be lifted and how long you can stand. The Administration uses these exertional limitations as the basis to determine if you are limited generally to sedentary, light, medium, heavy or very heavy work. These classifications become very important because they allow the Administration a simple way of either awarding or denying cases at Step 5 of the Sequential Evaluation process. (For more see previous blogs on the Sequential Evaluation Process).

Types of Restrictions: Non-exertional Limitations

Put simply, non-exertional limitations are any limits other than exertional limits. These could include areas like mental restrictions, environmental restrictions or postural limitations. So, mentally, this could mean your agoraphobia prevents you from doing any work with the public. Or because of chronic asthma, you are unable to work in jobs that expose you to pulmonary irritants like dust or fumes.

Restrictions considered by DDS at the Initial and Reconsideration Levels

As an attorney for the disabled I often find that this is an area where claimants most need a lawyers help in developing limitations. Though I can’t speak for every state's DDS, I can say with regard to Tennessee, Mississippi and Arkansas, the Administration at the Initial and Reconsideration levels don’t deviate much beyond the lists of restrictions that appear on their preapproved checklists.

Basically, if you have a restriction that doesn’t appear neatly on one of the DDS forms, you will likely not be credited with it.

There are numerous examples that I could give for this, but the most common disabling limits completely omitted from DDS have to do with the need for flexible work schedules or frequent absences. Claimants will often be able to perform some type of work activity, but only if they have an employer that can accommodate the demands of their illnesses.

For instance, I have had many claimants who must see 4-5 different specialists on a regular basis to control their symptoms. This means, practically speaking, that this person would have to leave the worksite early or come in late multiple times a month. They would also have numerous days when they can’t come to work at all. In the real working world, this poses a major problem for employers, and most will not accommodate these restrictions. The reliability of an employee is essential, and the need for flexible work schedules or allowance for frequent sick days or more frequent breaks is often restrictions that make a claimant unemployable. Yet, despite this, at the Initial and Reconsideration levels, the DDS does not even look to see if these restrictions exist.

Restrictions considered by the Administrative Law Judge at Hearing

In contrast to the Initial and Reconsideration levels, the ALJs do not feel bound to squeeze limitations into the sort of cookie-cutter format used by DDS staff. They are open to considering all sorts of restrictions, including the ones detailed above. However, the difficulty arises in how to convince an ALJ to adopt these restrictions. Remember, at DDS, the doctors that considered your file have likely only offered restrictions that fit neatly into its forms. It will likely be necessary to get your doctors to write down the restrictions that you will experience, if you want a judge to adopt them.

Previous Next

Every Client is a Cause We Believe In

To discuss your case with an accomplished attorney who cares, give our firm a call at (901) 209-5500 or fill out the form below.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.

Recent Posts

  • 5 Common Instances of Medical MalpracticeJanuary 24, 2025
  • How to Report Racial Discrimination at WorkJanuary 8, 2025
  • What Is Third Party Sexual Harassment?December 20, 2024

Most Popular

  • 6 Signs Your Boss Is Gaslighting You at WorkOctober 28, 2022
  • Can the Actions of a Swearing Boss be Considered Abusive Workplace Behavior?December 5, 2023
  • Is It Hard to Get Another Job if You Sue Your Employer?June 7, 2022

A Tradition of Legal Excellence

Our team of professionals seek justice one client at a time, because every client is a cause we believe in. We keep things simple, by consistently showing our dedication not only to the law, but to our clients. Passionate about honoring the law and respecting every client, our firm strives to make the legal changes that are needed to improve the lives of people throughout our community.

donati law icon shield
  • Created from the D & L of Donati Law
  • Resembles the emblem of the medieval Donati family
  • The Donati family originates from Florence, Italy
  • The emblem signifies our fight to protect a neighbor or friend
  • Symbol of our efforts to protect the interests of our clients
donati law logo

Memphis

1545 Union Avenue
Memphis, TN 38104

(901) 209-5500

Memphis

1545 Union Avenue
Memphis, TN 38104
View Map

Phone: (901) 209-5500

Quick Links

  • Home
  • Contact Us
  • Site Map
  • Privacy Policy

Stay Connected

  • Instagram
  • YouTube
  • Facebook
  • Google Business Profile
En EspaƱol

Contact Us

Donati Law, PLLC
Memphis Attorneys

1545 Union Avenue
Memphis, TN 38104
View Map

Call Today

(901) 209-5500

Local
https://www.donatilaw.com/

Seeking Justice One Client at a Time

Contact Us Now
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© All Rights Reserved.
Powered by Scorpion