Brandon and Tampa Florida
Social Security
Disability Lawyer

Tampa Florida office: 3111 West Dr M L King Blvd, Suite 100, Tampa, Florida 33607
Brandon Florida office: 1353 Oakfield Drive, Brandon, Florida 33511

How the Social Security Administration assesses your ability to work

Florida Social Security disability claimants frequently ask me how restricted their ability to work must be in order to qualify for Social Security disability benefits.

The Social Security Administration calls ability to work “residual functional capacity.” Residual functional capacity is the most important determinant of whether or not a claimant will be found disabled under the Social Security Administration’s (SSA) Medical-Vocational Guidelines.

The other two key factors are age and education. As an example of how these three factors work together, SSA’s Medical-Vocational Guidelines require that a 55-year-old high school graduate with an unskilled work background must have a residual functional capacity for light work or less in order to win the case.

Definitions of work level

What is light work? The Social Security regulations define light work as lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted in a particular light job may be very little, a job falls in the light-work category when it requires a good deal of walking or standing—the primary difference between sedentary and most light jobs. “Frequent” means occurring from one-third to two-thirds of the time.

Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers and small tools. Although sitting is involved, a certain amount of walking and standing often is necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions. “Occasionally” means occurring from very little up to one-third of the time.

Medium work is defined by the Social Security regulations as lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds. As in light work, sitting may occur intermittently during the remaining time. Use of the arms and hands is necessary to grasp, hold, and turn objects, as opposed to the finer activities in much sedentary work, which require precision use of the fingers as well as use of the hands and arms. The considerable lifting required for the full range of medium work usually requires frequent bending-stooping. Flexibility of the knees as well as the torso is important for this activity. In most medium jobs, being on one’s feet for most of the workday is critical. Being able to frequently lift or carry objects weighing up to 25 pounds is often more critical than being able to lift up to 50 pounds.

Testimony about residual functional capacity in your Social Security disability case

To help the administrative law judge at your Social Security disability hearing understand how restricted your ability to work is, I will ask you questions about:

Sitting

  • Any problems you have with sitting
  • How long you can sit
  • Whether pain limits your tolerance for sitting
  • Whether you must elevate a leg when sitting
  • Examples of your sitting limitations

Alternating sitting, standing, and walking

  • If you can alternate sitting with standing
  • Whether you must alternate periods of sitting with periods of walking

Standing

  • Any problems you have with standing
  • How long you can stand
  • Examples of your standing limitations

Walking

  • Whether you have problems with walking
  • How long or far you can walk
  • Whether you need an assistive device
  • Whether you can walk at normal speed
  • If you have problems with balance
  • Examples of your walking limitations

Lifting and carrying

  • Whether you have problems lifting and carrying
  • How much you can lift and carry
  • How you lift and carry the heaviest items of your daily life
  • What happens afterwards

I will also ask about any bending, stooping or kneeling problem you have, whether you have difficulty using your hands or arms, if traveling creates problems for you, and about your good and bad days.

My office is available to answer other questions about the Social Security disability hearing that Tampa Bay and other Florida residents have. Call 866-655-3136 or e-mail.