Saturday, February 1, 2025

SSD Even If Able To Work

In some circumstances you can get Social Security Disability (“SSD”) benefits even if you have the physical ability to work on a full time basis.  We received an approval today that illustrates this point.

We represent a 53 year old from Brooklyn with sleep apnea, who had made his living as a police detective, and had suffered a brain aneurysm.  The claimant’s pulmonologist provided reports with severe functional restrictions.  While the Administrative Law Judge (“ALJ”) believed the pulmonologist’s restrictions were excessive, the ALJ still determined that the claimant had the ability to perform sedentary work.

A vocational expert testified that the claimant had no transferable skills from his past work as a detective, which was classified as a light occupation.  Since the claimant had no recent education, the ALJ applied the medical vocational or “Grid” rules  to conclude the claimant was disabled, even if he were capable of performing the full range of sedentary work.

If you are thinking about applying for disability you should consider retaining an experienced disability attorney.   Our office is conveniently located on the Nassau/Suffolk county border in Melville.  Please call our office for a free phone consultation.

 

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