Today was a great example of how I was able to apply the Social Security Administration’s Medical-Vocational Grid Rules to my client’s disability claim. I knew my client should win. If the Social Security Administration determines that an ”older individual” cannot perform his or her past work on a full-time basis, then the judge shouldn’t expect that person of advanced age to learn a new skill or adjust to a new workplace. Normally, it must be proven the claimant is limited to less than sedentary work due to his or her disability. In other words, it must be proven the claimant cannot perform any jobs available in the national economy, but today was a great example of that exception. My client was 57 years of age at the alleged onset of her disability and had lost her disability claim at the initial and reconsideration levels. She could no longer work because of the following severe impairments: lumbar stenosis, degenerative disc disease, and radiculopathy; osteoarthrosis of the right lower leg; a right shoulder rotator cuff tear; chronic pain; a herniated disc in the cervical spine; and depression. Although the claimant was a high school graduate and had 30 years of past work requiring several skills, I was able to show that those acquired skills were not transferable to other types of jobs. Due to my client’s age, education, and previous work experience, I was able to prove my client was disabled, even if it was determined that she could perform sedentary work. Lastly, “Grid Rules” cannot be rebutted but must be followed by the Administrative Law Judge. Therefore, I was able to help my client attain the benefits she deserves.
-Anthony Tanoos, II
Fleschner, Stark, Tanoos & NewlinN/a
The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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