Disability question

[happyslug]

10. IF you are "Disabled" as that term is used in Social Security, then you get the FULL SS amount.

I am NOT familiar with the " Social Security Supplemental" plan, but if you are disabled, as defined by Social Security, you would get what you would get if you retired at age 65 (or whatever is your Social Security retirement age, it slowly increase for those born after 1950 to age 67 for people born after 1960). The reduction in monthly Social Security checks done if you retire at age 62 does NOT come into play, if you are disabled under the Social Security Rules.

As to disability, the issue is can you do your past type of work (I.e. work you have done over the last 15 years), if the answer is YES, you are NOT disabled, no matter how disabled you are. If you can NOT do work you have done in the last 15 years, then the issue is are there other work you can do given your disability. Now, you are clearly over age 18. The next "magic" age for Social Security is age 50, then 55, then 60. I call these "Magic" ages for Social Security has taken into consideration the aging process, and thus makes it easier to get on Disability the older you get. Please remember the above rule as to work you have done in the last 15 years. You must be unable to do work you have done in the last 15 years due to your disability BEFORE we ever look into age 50, 55 and 60. SSA has adopted a five step process to determine if you are disabled, it appears you survive Steps One through Three, Step Four is can you return to work you have done over the last 15 years, if you can you do NOT go to Step Five for you have been ruled by SSA to be NOT disabled. If you can NOT do past work then and only then do you go to Step Five and its age grids.

Step 5 says if you are over age 50, SSA will NOT consider "Sedentary" type work, i.e. any work that requires you to lift no more then 10 pounds occasionally, and frequent lifting of one or less pounds AND be on your feet no more then two hours in an eight hour day. "Sedentary Work" includes Small Parts testers, Small Parts baggers, Surveillance Systems Monitors etc.

At age 55, SSA adds "Light Work" to the list of Jobs if people can NOT do, they are disabled. "Light work" is defined as any jobs that requires frequent lifting of up to 10 pounds and occasionally lifting up to 20 pounds (And any Sedentary Job that requires you to be on your feet more the two hours in an eight hour day). The Classic "Light Job" includes ticker takers, Cashier in a restaurant (Where the Job only requires the cashier to be at the Cash Register as opposed to other work), receptionist, Daytime Janitor, most office work etc.

At age 60, "Medium Work" is added to the list of jobs NOT considered. "Medium Work" is any job where you have to lift up to 50 pounds occasionally, and 25 pounds frequently. The classic "Medium Work" are Jobs such as Waitress, Cashier in a Food Store, night time Janitor etc.

Please note, Janitor and Cashiers can be Light or Medium, depends on what is being asked of them. Light Cashiers, for example, never handle products of the store they are in, someone else does that job. Medium Cashiers, which are most Cashiers, have to carry and tote items used in the Business in addition to running the cash register. Medium Janitors run heavy waxing machines and does heavy cleaning generally at night, Light Janitors basically run a dust-mop over the floors to keep the dust down (Thus done throughout the day in most retail stores).

Your legs are the key, if they swell up to much, then you can NOT be on them for more then two hours in an eight hour day, that would prevent you from doing anything more then sedentary work and if you are over age 50, Sedentary work does NOT count.

Nursing in considered "Heavy Work", you moved items (including bodies) over 50 pounds frequently and over 100 pounds occasionally. The big issue, when it comes to Nursing, is do you have any TRANSFERABLE SKILLS TO SEDENTARY OR LIGHT WORK? Notice I said SKILLS, things you were trained to do or learned on the job. If the answer is NO, then the above rules apply, if the answer is YES, then any job that your SKILLS can be transferred to of a Light or Sedentary nature is viewed as a job you can still do even if you are over age 60. Notice it is NOT any job, but jobs where your skills can be used.

Thus your training as a Nurse is a Factor. Registered Nurses (RN) have four years of training and thus often have skills they can use in other jobs of a Light or Medium nature (i.e. medical tests, helping people on and off X-rays and other medical devices etc). In some ways the Skills of an RN may even be used in some Sedentary job (i.e. giving certain limited medical advice over the phone). Please notes such jobs MUST exist, not just be thought of, i.e. it may be NOT legal for you to give to much advice over the phone without a Doctor's "supervision" thus phone advice may NOT be a real option, I just mention it as a possible job not as a real job.

Licensed Practical Nurses (LPN), do NOT have the education of an RN, and thus have less Skills to be transferred to another job. On the other hand they do have some skills, and some of those skills may be used in Light or Sedentary occupations (But much less then in the case of a RN). In most cases the Skills a LPN learned in her education, training and experience tend to ones used only in Nursing, thus not transferable to other jobs. Nurses Aide (NA) have even less training and thus less transferable skills (In most cases NO transferable skills, as that term is used in the SSA regulations). I bring this up, for what you are in terms of the word "Nurse" is a huge factor as to level of your training and skills. In my opinion, only a question if you are an RN, for the simple reason to be an RN requires that much more education in the use of medicine, medical care and the paperwork involved in such care. Technically it is possible for an RN to have enough education training and experience to have skills she could use in a light or sedentary job. On the other hand, most skills of a RN are related to her occupation as a RN, and thus not transferable to other jobs. In a claim for Social Security Disability, something that will be reviewed by a "Vocational Expert" at an Administrative Law Judge hearing, after the SS application is denied at the initial application and an appeal is filed.

Basically, if you are over age 50 AND your legs are preventing you from being on your feet more then two hours in an eight hour day, I just can NOT think of any job where the Skills you learned as an RN can be used in an eight hour a day job. Even if you are doing medical tests, you have to walk around to gather what is being tested and that is often more then two hours in an eight hour day. Thus, If you can do Light or Medium work, Jobs exist that you can do, but if you can NOT be on your feet more then two hours in an eight hour day, I doubt they are any jobs where your skills can be used. Please note, two hours does not mean two hours on one feet at a time, it means two hours spread throughout the day.

Just some background information on what is Disability as defined by SSA.

Now, in an Administrative Law Judge Hearing, the Vocational Expert will be asked the skills that a person learned in their previous occupation and then asked is their opinion consistent with the "Dictionary of Occupational Titles" DOT). The Vocational Expert will say, yes, AND often then add also his/her experience etc.

The DOT code for Registered Nurse is here: An RN is considered a medium level work, at the low end of SKILLED employment (SVP of 7 or 8)
http://www.occupationalinfo.org/defset1_7254.html

A more detail analysis of what a RN has to do:
http://www.occupationalinfo.org/onet/32502.html

The DOT code for an LPN: An LPN is medium work, at the high end of Semi-skilled employment AN SVP of 6).
http://www.occupationalinfo.org/07/079374014.html

A more detail analysis of what a LPN has to do:
http://www.occupationalinfo.org/onet/32505.html

THE COT code for a Nurses Aide is as follows: Classified at the low end of Semi-skilled employment.
http://www.occupationalinfo.org/35/355674014.html

Specific Vocational Preparation (SVP) is defined as the amount of lapsed time required by a typical worker to learn the techniques, acquire the information, and develop the facility needed for average performance in a specific job-worker situation

1 - Short demonstration only

2 - Anything beyond short demonstration up to and including 1 month

3 - Over 1 month up to and including 3 months

4 - Over 3 months up to and including 6 months - Nurses Aide are in this category

5 - Over 6 months up to and including 1 year

6 - Over 1 year up to and including 2 years - Most LPN positions are here

7 - Over 2 years up to and including 4 years - Some RN positions are here

8 - Over 4 years up to and including 10 years - Most RN positions are here

9 - Over 10 years