Do I Have a Strong Disability Case? #4 Functional Limitations
This is Northwest Arkansas disability attorney, Jason Krebs. In this video, this is the next video in our series: Do I Have A Good Disability Case? We thought we would talk about the fourth thing that Arkansas disability lawyers believe factors whether you have a good disability case or not, and that is, your functional limitations. That is kind of a fancy way of asking, how does your condition or conditions, everything that you have going on with you physically, mentally, and your medication side effects, affect your ability to function? How does it restrict your activities?
Now, some people think, we get people that call the office all the time, and they’ll call and say they’ve been diagnosed with this disease or that disease, and they think that that, in and of itself, that they qualify for disability. Now, there are very few diseases where the disease itself is the qualifying factor to be granted disability. Those are things like certain types of very aggressive forms of cancer, Lou Gehrig’s disease, very severe, quick-moving generally, medical conditions.
Everybody else, it’s, what is it about your condition that’s going to affect your ability to show up to work every day, eight hours a day, five days a week. So for instance, if you’ve got home healthcare people coming in to help you do things around the house, maybe helping you with household chores, if it’s documented that you have family members, if you have Medicaid and they’re sending over a home healthcare worker, yes, that’s going to be documented, but if you have your son or daughter, or daughter-in-law or son-in-law coming over and doing things, you know, that’s something that hopefully would be documented, and you’d mention that to your physician.
But how your conditions are affecting your ability to sit, stand, walk, lift, from a psychological standpoint, you don’t pay attention, get along with others, if you’re having problems leaving the house, all of these things, that’s what factors in to being able to come to work. You know, if you can’t sit for very long, it’s going to be hard to do a sit down job. Or if you can’t stand for very long. That’s how these jobs that social security might say that you could do are eliminated. It is a process of elimination.
So talking to your physician and being descriptive, you know, saying, “I can’t sit for very long”, doesn’t really tell your doctor anything. You know, if you have swelling in your feet, if you’ve got to put your feet up, raise your feet up, sit in a recliner, or prop your feet up, those things are very important, because you know how you’re living your life and it’s important that you make sure that those accommodations or how you’re accommodating yourself are reflected in the medical records.
We do offer a book to Missouri and Arkansas residents, you can get this at KrebsLawOffice.com, or give us a call at 1 (800)-345-0535 or (417)-883-5886. We’d be happy to visit with you. Best of luck. Thanks for watching. Bye.