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Old 09-30-2011, 01:20 AM #8
LIT LOVE LIT LOVE is offline
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Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Because the decision found you are unable to return to your usual work, the burden does shift to the SSA to show that you are capable of performing Substantial Gainful Activity, based upon your Residual Functional Capacity, age, education, and work experience.

The exertional limitations listed in the decision don't reflect that you have a severe physical impairment: "The evidence shows that you should avoid work that involves prolonged strenuous activity and heavy lifting." The RFC assesment, exertional classifications of work are: sedentary, light, medium, heavy, and very heavy work. There are many unskilled occupations within each of the listed exertional levels. The lower the RFC assessment (i.e. sedentary), the fewer jobs a Vocational Counselor will claim you can perform.

link to SS Code of Federal Regulations--Physical Exertion Requirements
http://www.ssa.gov/OP_Home/cfr20/404/404-1567.htm

The functional limitations listed: "You would also do best work that is not complicated in nature and that does not deal directly with the general public and co-workers." again acknowledges work restrictions, but doesn't seem to reflect a severe impairment.

link to SS Appendix 1,12.01 Category of Impairments--Mental
http://www.ssa.gov/OP_Home/cfr20/404/404-ap10.htm


See if you can provide additional documentation from your doc/s further reducing your work restrictions. Make notes of any impairments listed by SS, that effect you, but were not addressed in your RFC.

The cumulative effects of all your ailments, meds, physical and mental demands, will also be considered, but severity of impairments is key.

In this case, an attorney or non-profit advocate would make sense, IMHO.
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