Unlike workers compensation, when seeking Social Security
Disability (“SSD”) benefits, it is not necessary to establish that the cause of
the disability resulted from work activity. Just as importantly, when seeking SSD benefits, it is not
necessary to establish the exact cause of the inability to work.
I represent a 58 year old woman who used to work as a case
manager for the juvenile court system.
She had to stop working because of neck, shoulder, and back
injuries. Among other things, the treating doctor
said that those injuries precluded the claimant from lifting or carrying more
than 5 pounds.
The claimant’s SSD application was approved today. The Administrative Law Judge (“ALJ”) agreed
that the claimant was disabled because of her inability to lift and carry. The ALJ indicated that while it was unclear which injury or injuries were responsible for the limited ability to lift and
carry, it was evident that the claimant's ability was limited to five pounds.
While some disability benefits require establishing the
etiology of the medical condition or what impairment renders the claimant
disabled, SSD only requires establishing the existence of a medical condition
that can reasonably be expected to cause the claimant’s limitations.
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