SEDENTARY WORK & DISABILITY BENEFITS
WHAT IS SEDENTARY WORK?
The SSA has specific rules that they use to define sedentary work. This article will discuss those rules, but it will also discuss the importance of sedentary work. Sedentary work is essentially, seated work. The reason seated work is important to the SSA is that it is physically the easiest type of work. In most disability claims the SSA reviews your physical medical conditions and attempts to place you in some type of work.
Many people are not capable of standing on their feet all day or lifting extremely heavy objects. If you have severe physical conditions, then the SSA is going to try to say that even with your physical issues you can still do seated work. Therefore, most people who file a claim for SSD benefits are going to need to prove that they cannot perform a seated job.
According to the SSA, sedentary work is work that involves lifting no more than 10 pounds at a time. Also, you must occasionally lift or carry articles like files, ledgers, and small tools. Although sitting is involved, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met. Social Security Ruling 83-10.
Since being on one’s feet is required “occasionally” at the sedentary level of exertion, periods of standing or walking should total no more than about 2 hours of an 8 hour workday. Sitting should generally total 6 hours of an 8 hour workday.
HOW DOES THE SSA CLASSIFY JOBS?
The Social Security Administration (SSA) classifies jobs based on their physical demands, particularly how much weight a worker must lift and how long they must stand or walk. These work categories help the SSA determine whether a person is capable of performing a job given their physical limitations.
SEDENTARY WORK:
Sedentary or seated work is the least physically demanding job category. It primarily involves sitting. However, workers may occasionally need to stand or walk for up to two hours per day. This type of work also requires the ability to lift up to 10 pounds. You must be able to carry small objects like files or office supplies. Most office jobs fall into this category.
LIGHT WORK:
Light work is usually performed while standing. To perform light work, you must be able to lift up to 20 pounds and carry up to 10 pounds. Unlike sedentary jobs, light work requires standing or walking for most of the day. Jobs in retail and food service often fall under this category.
MEDIUM WORK:
Medium work demands require even greater physical effort. Workers in this category must be able to lift up to 50 pounds and carry up to 25 pounds. These jobs require extensive standing, walking, and physical strength. Positions in construction and warehouses are usually medium work.
HEAVY WORK:
Heavy work involves lifting up to 100 pounds and being able to carry up to 50 pounds. These jobs require strength, because workers are on their feet for most of the day and need to engage in physically intense tasks. Jobs in industries like mining and roofing are heavy labor.
VERY HEAVY WORK:
Very heavy work is the most physically difficult work. To do very heavy work you must be able to lift more than 100 pounds and carry 50 pounds. These jobs require physical strength and stamina. For example, jobs in this category would be logging, operating heavy equipment and performing manual labor.
These work definitions help the SSA determine whether you can perform your past jobs. However, they also help the SSA decide if your physical issues prevent you from performing all work, even seated or sedentary work.
WHAT LIMITATIONS PREVENT SEDENTARY WORK?
A. PHYSICAL CONDITIONS THAT PREVENT THE ABILITY TO DO SEDENTARY WORK
Physical limitations can prevent you from being able to perform sedentary work.
- being unable to lift up to ten pounds
- being unable to stand or walk for more than a combined total of two hours a day
- the need for a medically required handheld device in order to walk
- the need to keep one leg elevated especially above heart level
- being unable to use an arm because of amputation above the elbow
- being unable to sit for six hours out of an eight hour workday
There are other examples of limitations that demonstrate you cannot do the full range of sedentary work:
- you need to alternate between sitting and standing throughout the day as needed
- you need to rest or lie down for up to two hours during a workday
- you cannot stoop
- you are unable to use both hands and fingers to perform fine tasks
- you need to take 3-4 sick days per month
You should ask your doctor whether you have any of the above limitations. If you do, then ask your doctor to write a letter about your residual functional capacity (RFC) and submit it to the SSA.
B. MENTAL CONDITIONS THAT PREVENT THE ABILITY TO DO SEDENTARY WORK
Most sedentary work requires skills. Mental conditions eliminate your ability to use your skills. For example, if have anxiety and you cannot focus on your “to do” list, then you cannot finish your daily work. Even if you cannot do skills or you do not have skills, there are unskilled seated jobs too. However, there are some mental conditions that prevent the ability to do sedentary work. The examples include:
- being off task up to 20% of the day due to trouble with concentration
- missing more than three days of work per month due to mental symptoms
- being unable able to perform even simple routine tasks
- being unable to have simple interactions with other workers and your boss
- needing to have no contact with the general public
Most of these mental condition eliminate your ability to do all work. Because most work requires you to interact with other workers or the public. Additionally, almost all work requires the ability to focus, follow instructions, and work with others. Additionally, all work requires good attendance. If you miss work too often, come in late, or leave early, then you will lose your job. Even simple seated work requires good attendance.
EVIDENCE FROM YOUR DOCTOR PROVES YOU CANNOT DO SEDENTARY WORK
The most important evidence you can provide to the SSA are medical records from your doctor that state you cannot perform seated work. Since sedentary jobs require sitting with occasional walking and standing, your doctor should state that you cannot sit for six hours. Most office jobs require the ability to sit throughout the course of the workday. If you cannot stay seated, then you probably can’t do a desk job.
Additionally, your doctor should state that you are limited to lifting 10 pounds. The SSA will expect strong medical evidence that proves you are unable to meet these requirements. Your medical records should include detailed information about your physical condition. This includes objective test results such as MRIs, X-rays, and lab reports. Finally, the records should also include progress notes from your doctor that documents your symptoms, pain levels, and fatigue.
A medical opinion from your doctor should address why you cannot sit for six hours of the day. It should also discuss why you cannot lift or carry even small objects. Finally, the opinion should discuss whether or not you have severe pain, fatigue, and difficulty with concentration.
THE VOCATIONAL EXPERT (VE) WILL TESTIFY ABOUT YOUR ABILITY TO WORK
The Judge will ask questions to the VE about whether or not a person with your medical conditions can work. Typically, the Judge will use three to four questions that include different symptoms from your medical issues.
Once the Judge is done asking questions, your attorney has the right to question the VE. For those who do not hire an attorney, they are left to try to ask the VE questions on their own. Obviously, most people do not know what questions to ask because they have never been to a hearing. Nor do they have the training they need in order to understand what questions to ask.
Vocational experts testify about what kinds of jobs are available to you. However, they also testify as to the number of jobs that exist in the national economy. For example, a VE may testify as to whether your work skills can be used in other work. They will also testify about the specific occupations that use your skills.
During an SSD hearing, the VE will consider your physical and mental limits, along with your work history and skills, to identify jobs you may be capable of doing. The VE will give testimony regarding the number of jobs that exist in the national economy.
The VE will also testify about whether there are a “significant number” of jobs available to you in the national economy. Unfortunately, there is no set number of jobs that show a job is not available. Case law states that the idea of a “significant number” of jobs depends on several factors, including your specific limitations, skills, and work history.
HIRE AN SSD ATTORNEY TO QUESTION THE VE
You need an attorney to question the VE. The questions for the VE are about the physical and mental requirements needed to perform certain jobs. If you don’t know specific information about jobs, then you will not be able to properly question the VE.
Additionally, when you have an attorney with legal experience, your SSD attorney can submit medical evidence that may be missing from your case. Furthermore, your attorney can give you advice about what you need to do to win your benefits. If you follow that advice, then you will clearly have a better chance of winning benefits.
An attorney with legal experience dealing with the SSA will be able to prepare you to testify in court. It is important to prepare for your SSA hearing. You should know what type of questions you will need to answer. Also, you should prepare your answers in advance. It will also help you explain all of your medical issues to the judge. It is smart to hire an attorney to prepare you for your hearing. After all, you are the star witness. If you hire an attorney with experience, then they can prepare you to testify. Learn how to prepare for your SSD hearing.
Finally, there is evidence that hiring an attorney with the proper experience triples your chances of winning your SSD benefits. Judges are more likely to deny cases if there is no legal representation.
HIRE THE BEST SSD LAW FIRM TO WIN YOUR SSD BENEFITS
If you are looking for the best SSD law firm to help you win your disability case, then you are in the right place. Hire us. We know how to prove to the SSA that you cannot perform sedentary work. Additionally, our legal team prepares you for success. During your case, we collect your medical records. All you have to do is get treatment from your doctor. Medical records from your treating sources prove you deserve benefits. Medical records prove that you cannot do sedentary work. If you can’t do sedentary work, then you cannot perform any other type of work either.
As SSD lawyers, the law we practice is federal law. Federal law is the same throughout the country. Therefore, we can represent you wherever you live. We represent clients in many states, including Nevada, Utah, Idaho, Colorado and California. Find out about:
- Nevada SSD benefits
- Utah SSD and SSI benefits
- California SSDI and SSI benefits
- Colorado SSDI and SSI benefits
- Idaho SSD benefits
Also, find answers to your questions about the wait time for the SSA’s decision. We offer a “no win, no fee” payment policy. This means that you will only pay an attorney fee if we win your case. Learn additional information about attorney fees.
Our SSD lawyers know you need SSD benefits to replace your income. Over the past 30 years, we have won over 20,000 SSDI and SSI cases. We want to win your case too. Contact us today for your free review of your case. You can learn additional information on our About Us page. Let us help you prove you cannot perform sedentary work and you will win SSD benefits.
