Age, Education, Work Experience & RFC
After your impairments
have been substantiated, age, education, work experience and residual
functional capacity (”RFC”) are the final elements considered
by the SSA Administrative Law Judge in determining your eligibility for Social
Security Disability Income benefits. You are at this point because
you failed to “GRID out” in an earlier assessment as to whether
you met the so-called “listings.” Although the process is one of
steps, it is important that your disability lawyer understand
how these concepts are interrelated to win your case. In general
terms, the older you are, lower your educational level, and less skilled your
prior work experience, the higher the maximum RFC (that you are still capable
of doing despite your restrictions and limitations) that can be permitted for
a disability finding. Sound complicated? It’s actually
quite simple to the experienced disability advocate. But that
is why it is essential, in the earlier steps, that your restrictions and limitations
are established, not only as far as how much you are able to lift, range of
motion, etc., but medication side-effects, good and bad days, and the like.
Remember, although the disability hearing is supposed to be
non-adversarial and the ALJ presiding over it a simple finder of fact, most
take on a de facto prosecutorial role, are often pre-disposed to denials, and
will question you in such a way as to try and contradict your restrictions and
limitations with your activities of daily living, concluding, after it’s
all said and done, that gainful employment exists for you in the national economy.
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