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  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: Physicians Issues and Answers

What if there may be some job out there like Wal-Mart Greeter that my patient may be able to do, is he or she not disabled?

I wish it were that simple.  Just because one can do some job, it does not necessarily mean that one is not disabled.
 
In determining whether a successful adjustment to other work can be made, the ALJ must consider the claimant’s residual functional capacity, age education, and work experience in conjunction with the Medical-Vocational Guidelines, 20 CFR Part 404, Subpart P, Appendix 2.   If the claimant can perform all or substantially all of the exertional demands at a given level of exertion, the medical-vocational rules direct a conclusion of either “disabled” or “not disabled” depending on the claimant’s specific vocational profile (SSR 83-11)

Even if the claimant had a residual functional capacity for a full range of sedentary work, considering the claimant’s age, education, and work experience, a finding of “disabled” would be directed by Medical-Vocational Rule 201. 01 et seq.,

Due to the Claimant’s age, vocational background, lack of transferable job skills and residual functional capacity, a disabled Claimant would be unable to make a successful adjustment to any jobs that exist in significant numbers in the national economy so as to engage in substantial gainful activity or sustained full time employment. Considering the Claimant’s physical and/or mental limitations, if the Claimant cannot make and adjustment to any work that exists in significant numbers in the national economy and consequently, based on the Social Security Ruling 85-15, a finding of disabled should be reached therefore within the framework of medical-vocational rules.

interaction and the limiting effects of her impairments on her past relevant work to determine whether the claimant could still do that work, an ALJ’s decision to deny the claimant benefits because she could return to past relevant work would not be supported by substantial evidence.