Being Denied Disability Benefits Because You Can Do Sit-Down Jobs

Many disability applicants are surprised to learn that their claims have been denied even though the Social Security Administration (SSA) agrees that they can't do any of their past jobs. That's because the agency can still decide, at step five of its sequential evaluation process, that applicants can perform other, less physically demanding jobs in the national economy. Often, this means that a claimant is denied because they can perform sedentary ("sit-down") work.

What Does Social Security Consider Sedentary Work?

The SSA defines sedentary work as any job that involves lifting no more than 10 pounds at a time, and occasionally lifting or carrying objects weighing less than 10 pounds, such as files or small tools (20 CFR 404.1567). Although sedentary work involves a small amount (up to 2 hours out of an 8 hour workday) of walking and standing, these are typically sit-down jobs performed at a desk or assembly station. If you're physically able to sit for 6 hours total in a workday and lift up to 10 pounds, the SSA will find that you can work at the sedentary exertional level.

Examples of Sit-Down Jobs

If the SSA denies your disability claim because the agency thinks you can do other work, your denial letter will often contain specific examples of sit-down jobs that you could perform. Social Security finds these jobs in a Department of Labor publication called the Dictionary of Occupational Titles (DOT). Each job is identified with a unique nine-digit number, called the DOT code, that provides a short description of the job requirements.

Here are a few common, recent examples of sit-down jobs cited by Social Security, along with their DOT codes:

• food and beverage order clerk, DOT 209.567-014
• semiconductor bonder, DOT 726.685-066
• document preparer, DOT 249.587-018

Keep in mind that the above sit-down jobs are also considered unskilled, meaning you can learn how to do them with less than a month of training (20 CFR 404.1568). People under the age of 50 generally need to show that they can't do sedentary, unskilled jobs in order to qualify for disability (unless they meet a listed impairment), while applicants over 50 may be denied benefits because they've learned skills they can use for sit-down work.

What If There Aren't Any Sit-Down Jobs Near Me?

Unfortunately, Social Security doesn't take into consideration whether any proposed sit-down jobs are available near you. The SSA only needs to see that a representative sedentary job exists in "significant numbers" nationwide. What amount of jobs makes up a "significant number" isn't officially defined, and can vary by jurisdiction. But because unskilled, sedentary jobs are dwindling across the country, you may have a successful appeal if you can argue that the jobs cited don't exist in significant numbers.

Showing That You Can't Do Sedentary Work

Unskilled, sedentary jobs are the least demanding type of employment in the DOT. However, they still require that you're able to perform some basic physical tasks for a full workday. If your residual functional capacity contains one or more of the following limitations, Social Security will likely find that you aren't able to physically do even sit-down jobs, and award you benefits:

• you must elevate your legs while seated
• you need to to recline or lie down during the day
• you're unable to crouch, stoop, or bend
• you're severely limited in use of your dominant hand
• you're unable to sit for six to eight hours, or
• you need to take extra breaks due to fatigue.

Similarly, if you have a severe mental impairment that causes the following limitations, you're probably not capable of the demands of unskilled, sedentary work:

• you can't follow short, simple instructions
• you're unable to interact appropriately with supervisors and co-workers
• you're unable to maintain basic standards of cleanliness and hygiene
• you can't handle work stresses with appropriate behavior
• you'd be "off-task" for at least 15% of the workday due to difficulty concentrating, or
• you would miss two or more days of work per month.

Because the above limitations prevent you from doing even the easiest, sit-down jobs, having evidence of them in your medical records can make or break your case. If you think you have one or more of these limitations, make sure you let your doctor or mental health provider know to make sure they are recorded in your clinical notes.

What to Do If You Were Denied Disability and Can't Work

Many disability applications are denied at the initial or reconsideration levels because the SSA thinks that the claimant is able to do sit-down jobs. Most people will have their best shot at showing that they can't work at a disability hearing, where the approval rating tends to be higher than at earlier stages in the disability determination process. Here are a few tips on how you can make the best use of the opportunity to discuss your disability with an administrative law judge.

Submit All Your Medical Evidence On Time

Your medical records are the foundation of your disability claim. Make sure that you let the SSA know the names, locations, and treatment dates for any medical providers you've seen for your condition. Better yet, you can gather the evidence and submit it well in advance of your hearing. By taking control and requesting your own medical records, you can reduce the chances that a judge won't have a critical piece of evidence. Some states have laws limiting or eliminating copy fees for medical records that will be used for a disability hearing, so check before you submit a record request.

Get a Doctor's Opinion About Your Limitations

You should ask your doctor to complete a medical source statement for the SSA. Social Security tends to value the opinions of doctors who've treated you on a regular basis, so it's very useful to have your doctor submit detailed documentation about what you can and can't do, as well as any accommodations you would need during the workday to complete your job tasks. If your doctor says that you can't do sedentary work because you'd need to lay down every hour, the judge will likely find that persuasive, provided that it's not at odds with the rest of the record.

Be Specific When Describing Your Daily Routine

At the disability hearing, the judge will ask you how your medical condition limits your activities of daily living. Judges ask about your daily activities because it makes sense that something you struggle with at home would be difficult to do at work. Often, the difference between an unfavorable and favorable decision comes down to nuances about why you can't do a sedentary job, so make sure your testimony is crystal clear. If you couldn't do a desk job because your carpal tunnel makes it hard to type, for example, tell the judge exactly how long, in minutes or hours, you can use your fingers before you need to stop.

Challenge the Proposed Jobs During the Hearing

At most disability hearings, the judge will ask for a vocational expert (VE) to provide testimony about the types of jobs available for somebody with a particular set of limitations. You—or your representative, if you have one—will have the opportunity to ask the VE questions about the types of jobs they propose. For example, if the VE proposes an outdated occupation such as "telegraph-service rater," you could ask the VE to provide the source of the numbers for that occupation or question when the last time they saw that job performed.

Use the Medical-Vocational Grid Rules to Your Advantage

Applicants 50 years of age or older can find it easier to qualify for disability benefits thanks to a special set of rules known as the medical-vocational grid. Under "the grid," you can be found disabled, even if you can physically do a sedentary job, provided that you can't do your past job anymore and you don't have any transferable skills. If you were denied benefits earlier because the SSA thought you could do a sit-down job and you had your 50th birthday while you were waiting for your hearing—not uncommon given the lengthy wait times—you may qualify simply by "aging into" the grid rules.

Are There Sit-Down Jobs Available for Disabled People?

If you haven't applied for disability yet, you may want to consider whether there are any sit-down jobs that you could do despite your limitations. Under the Americans with Disabilities Act—which covers a wide range of physical and mental conditions—employers are required to provide reasonable accommodations to employees with disabilities in order to help them work. You may also want to check out your state's vocational rehabilitation program, which helps people with disabilities return to work or learn the skills they need to switch careers.

Getting Legal Help for Your Disability Claim

Because the SSA assumes that anybody can do a simple, sit-down job even with no experience, proving that you can't—and are therefore disabled—isn't easy to do on your own. You'll need to be able to challenge a VE's testimony at your hearing, convince the judge that you have a limitation that rules out all sedentary work, or argue that a particular grid rule applies to you.

None of these things are easy to do without an experienced disability attorney. Most disability lawyers offer free consultations, so you can ask around to find a representative who you think is the right fit for you. And because disability attorneys work on contingency—meaning they don't get paid unless you win your claim—you should have little, if any, up-front costs.