Albuquerque disability lawyer, Donald D. Vigil, identifies common errors made in denying Social Security disability benefits
If your claim for Social Security disability benefits was denied, an experienced Albuquerque disability lawyer can determine whether the denial was made in error and, if so, help you present your most persuasive case on appeal. Common errors in denial include:
- Overestimating your present ability to work, despite your impairment (your “residual functional capacity”).
- Underestimating the nature of your pain.
- Improperly evaluating your level of education.
- Failing to consider all your impairments.
- Failing to consider all your symptoms.
- Failing to gather the medical evidence that would prove you have a Listing impairment.
Let’s take a closer look at one of these common errors: overestimating your residual functional capacity.
Your “residual functional capacity” (“RFC”) is your ability to perform work-related functions, despite the limitations caused by your impairment. Work-related functions include sitting, standing, walking, lifting, carrying, pushing, pulling, and manipulating small objects. The Social Security Administration relies on the medical evidence provided by your doctors to determine your RFC. If the medical record is incomplete or does not accurately reflect your limitations, then Social Security may overestimate your ability to work. For example, an RFC of “medium work” means that you are capable of “frequent bending or stooping” and “lifting no more than 50 pounds at a time, with frequent lifting or carrying of objects weighing up to 25 pounds.” If your doctor notes that you cannot lift more than 50 pounds, but fails to note that you have difficulty bending and stooping and you cannot engage in repetitive lifting of more than 10 pounds, then the Social Security decision-maker will determine you are capable of “medium” work when, in fact, you are capable only of “light” work.
Contact Albuquerque Social Security disability lawyer, Donald D. Vigil, for help with your appeal
Like any large bureaucracy, the Social Security Administration makes mistakes. I have more than 30 years’ experience as an Albuquerque disability lawyer, helping claimants correct those mistakes and get the benefits they deserve. If you think your claim was denied in error, please use the Free Claim Evaluation form on this page to contact me, or call or email me.
Donald D. Vigil
Albuquerque disability lawyer
100 Fourteenth St. S.W.
Albuquerque, NM 87102-2822
