Social Security's Mistakes About Your Job Gets Your Disability Application Denied

If Social Security denies you disability benefits, the agency will send you a letter that explains why you were turned down. It is important that you read the decision letter carefully because it will explain the reason for the denial. Understanding why you were denied can help you address, and hopefully correct, any errors the Social Security Administration (SSA) may have made when you appeal.

Here are some common mistakes that Social Security makes when deciding a claim and some ways you or your attorney can address them.

The SSA Says You Can Still Do Your Old Job

If the SSA decides you can still do your old job despite your condition, the agency will deny you disability benefits. This decision happens at Step 4 of the disability determination process and isn't an uncommon reason for denials.

If you know can't do your prior work but you were denied, the SSA may have made the mistake of thinking you could do your job because you didn't describe your job and its duties fully and accurately. Or, you might not have provided the right medical evidence to show that you have physical and/or mental limitations that prevent you from doing the duties that your old job required.

If you were denied at Step 4, make sure you submit information with your appeal to accurately describe your old job requirements. For example, if you used to work in a warehouse, be as descriptive as you can in telling the SSA what you did, such as how heavy any boxes were that you had to lift, whether your job required reaching, squatting, bending, or operating heavy equipment, and how many hours during the day you had to sit or stand. Also, consider whether the job title your company used actually reflected what the job was; if not, let the SSA know this and provide the name of a position that more accurately suggests what your job duties were.

Make sure you then submit corresponding medical evidence to show why you can't do these duties any more. The medical evidence you need to give the SSA depends on your particular disability. For example, if you have back problems, make sure you give the SSA records such as MRIs, CT scans, X-rays, and anything else that proves you can't lift, carry, bend, and so forth. You will need to then explain to the SSA how these medical records show you can't do the requirements of your old job.

If you're represented by a disability lawyer, your attorney should be skilled at correlating your medical records to your inability to do certain aspects of your old job. Your attorney will ask you questions at your hearing to make sure the administrative law judge (ALJ) has an accurate understanding of what you did at your old job, and why you can't perform your duties anymore.

The SSA Says You Have Work Skills That You Don't Have

Your work history is important to your disability claim, not just so the SSA can tell if you can do your old job, but because the SSA will use it to determine what job skills you may have acquired and whether they can be used in another position. This decision, whether you can learn to do other work, is made during Step 5 of the disability process.

When making determinations about your job skills and whether they can be used in other types of work, the SSA is limited to looking at your "past relevant work" (PRW), but only if you did it as it is "generally performed." If the SSA used past work that should not have counted, you or your lawyer need to raise this issue on appeal.

Past Relevant Work

Past relevant work is only work you did within the past five years, that you did long enough to learn, and that you did at the substantial gainful activity level. Generally, performing substantial gainful activity means that you were working full time. (The SSA used to review the past 15 years of your employment history in order to determine your past relevant work, but as of June 22, 2024, the agency will only look at your jobs from the past five years.)

If the SSA uses a job that doesn't meet these guidelines to make a decision in your case, correct the information on your appeal. Your attorney will do this for you if you're represented. If you are at your hearing unrepresented, listen carefully to your work history as the ALJ describes it and make sure to correct the record (respectfully) so that work that isn't PRW isn't taken into consideration. Here are some types of jobs that shouldn't be counted as PRW:

• work you did more than five years ago
• work you did very part-time
• work you did sporadically (for example, seasonal work), or
• jobs that didn't last very long.

Work as Generally Performed

The SSA can use jobs you did in the past as evidence of what job skills you have only if you did them as they were "generally performed." Similar jobs usually have similar duties and requirements from company to company, so when you give the SSA your job title, the SSA will assume you did your job the way it was generally performed. But if you didn't perform certain tasks of the job as it is usually performed, you didn't gain those particular job skills.

During your hearing, the SSA's witness (called a vocational expert, or VE) will describe your job in the way it is generally performed. If you did your job in a different way, you must tell this to the ALJ and explain how your job responsibilities were different. If you are represented, your attorney will handle this for you.

For example, the position of gas station attendant as it is generally performed includes the following job functions:

• preparation of daily reports regarding sales of fuel, oil, and accessories, and
• ordering, maintaining, and stocking inventory.

If you were a gas station attendant but didn't do some of the above job functions, then you didn't do the job as it was generally performed, and it can't be used to decide if you can do other work.

For a full discussion of how to show the SSA you don't have the skills to use at another type of job, see our article on proving you can't do "other" work.

The SSA Failed to Consider Your Mental Illness

It's not uncommon for people with physical disabilities to also suffer from mental illnesses, such as anxiety and depression. It's also not uncommon for the SSA to fail to consider applicants' mental conditions when their primary issue is a physical disability. However, mental illnesses impose limitations that can severely impact a person's ability to work; for example, reliability, interpersonal skills, and the ability to focus and concentrate are frequently affected by mental health conditions. The combined effect of these types of mental limitations and those caused by physical impairments can often rule out many types of work.

If the SSA fails to consider your mental illness when it makes its decision, be sure to explain this in your appeal. You must also make sure that you have included any mental health records and the names and contact information of the psychiatrists and psychologists who treat you.

You can address this situation at the hearing level, where you and your attorney have the full attention of the ALJ. At your hearing, your attorney will state that one of the bases for your appeal is that the SSA failed to consider your mental health issues. Your attorney will then ask you a series of questions to show the ALJ how your mental illness affects you. Here are some examples of questions your attorney may ask:

• Is a doctor or therapist currently treating you for your mental illness?
• How often do you see your doctor or therapist?
• Does your mental illness prevent you from doing things you used to enjoy? Can you give examples?
• Are you able to focus and concentrate? For example, do you now have trouble reading books, watching TV, or doing your bills?
• Do you take medication for your mental illness?
• Does your medication cause any side effects? If so, what are those side effects?

Your attorney will also work with your doctor to prepare a mental residual functional capacity (MRFC) assessment that will detail all of the mental limitations you experience because of your mental illness. An MRFC is pivotal in winning claims for disability where mental illness is involved, even if the mental illness is secondary to a physical impairment.

For a full discussion of how to make the SSA recognize the limitations of your mental illness, see our article on how anxiety and depression help a claim for a physical disability.

The SSA Ignored Your Other Disabilities

Social Security must consider the impact of both "severe" and "not-severe" impairments when deciding if you are disabled. A severe disability is one that significantly limits your ability to do at least one work work-related activity, such as:

• walking, sitting, standing, pushing, pulling, lifting, and carrying
• hearing, speaking, and seeing
• understanding and following simple directions, and
• interacting with co-workers and supervisors, and adjusting to changes in the workplace.

A not severe impairment is one that has no more than a minimal impact on a person's ability to do work-related activities.

The SSA Ignored a Severe Disability

If Social Security decides you have a severe impairment, the agency has to prepare a residual functional capacity assessment (RFC). An RFC is a detailed report that discusses how your medical condition impacts your ability to do the physical parts of a job.

The SSA is required to consider all of your impairments when determining your RFC. If your RFC neglects to include an impairment that you listed on your application, state this in your appeal. If you're at the hearing level and are represented, your attorney will argue to the ALJ that the SSA failed to consider the combined impact of your impairments, and will argue that their combined effect prevents you from working.

Sometimes the SSA doesn't consider an impairment because an applicant hasn't provided any medical documentation about the condition. If this is your case, make sure you submit as much medical evidence about your severe impairment as possible, as soon as you realize the error.

You should also ask the doctors who treat you for your condition to prepare an RFC assessment for you that includes information on the limitations caused by all of your impairments. An RFC from your doctor is key to winning your case. If you are represented, your attorney will make sure that your doctors complete the forms properly and get them submitted to the SSA.

The SSA Ignored Disabilities That Weren't Severe

If Social Security concluded that none of your impairments are severe, the agency will deny you disability benefits. But if you have numerous medical problems, they may make it impossible for you to work when their effects are combined. The SSA is actually required to look at your non-severe limitations collectively to see how they impact your ability to work (the agency will prepare an RFC to do this). Even if one impairment isn't severe on its own, when several not-severe impairments are considered together, their impact can become severe.

If the SSA has failed to consider the combined effect of your non-severe impairments, advise them of this when you appeal. Provide objective medical evidence that shows that your medical conditions together significantly impact your ability to work. Make sure that you have included all relevant medical information, including the names and contact information for your treating doctors.

It's extremely important to complete the Activities of Daily Living form (ADL) that was given to you when you first applied. This form is often overlooked or not fully completed. Your ADL form is an important way to tell the SSA how even your non-severe impairments affect your ability to work and your day-to-day life. If you haven't taken the time to complete the ADL carefully, make sure you do so and file it with your appeal.

For more detail, see our article on making the SSA consider how your non-severe impairments are disabling.