Issues facing North Carolina Social Security disability applicants under age 50
In general, it is more difficult for a person under the age of 50 to be deemed “disabled” and awarded North Carolina Social Security disability benefits than it is for a person over the age of 50. The two most important factors in the Social Security Administration’s disability determination are an applicant’s age and “residual functional capacity” – that is, the applicant’s ability to perform work-related functions despite his or her impairment. Residual functional capacity is measured in terms of work levels – medium work, light work and sedentary work. Sedentary work is the least physically demanding of these three levels of work. In order to be found disabled if you are under the age of 50, you must demonstrate that you are unable to perform sedentary work (the easiest work) that exists in significant numbers in the national economy.
Sedentary work defined
The Social Security regulations define “sedentary” work as work that involves “lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers and small tools. Sedentary jobs may require occasional walking and standing. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions. Periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday.”
Limitations on your ability to perform sedentary work
The skills required to perform sedentary work include sitting, lifting, carrying, walking, standing, and manual dexterity (i.e., use of your hands and fingers). In order to be found disabled, you must demonstrate to the North Carolina Social Security disability decision-maker that you are unable, or have a limited ability, to perform these skills. The more limited your abilities, the more restricted the range of sedentary work you are able to perform.
Any number of factors may limit your ability to perform sedentary work. For example, if your impairment requires you to lie down during the day, this type of mandatory rest period may not be accommodated in many unskilled sedentary jobs. If your impairment causes you to have seizures or episodes of dizziness, this also could restrict your ability to perform sedentary work, as could pain, if that is a symptom of your impairment. Likewise, you may be incapable of performing a wide range of sedentary work because of the side-effects of your medication or the impact of your treatment on your daily activities.
Other factors that commonly render North Carolina disability applicants unable to do a wide range of sedentary work include:
Walking and standing limitations
If you are unable to stand and/or walk, off and on, for approximately two hours each workday, then the number of sedentary jobs available to you will be limited. Furthermore, if you rely on a cane or other assistive device for walking or standing, this also would limit your capacity for a full range of sedentary work because this level of work requires the ability to lift and carry small objects.
Sitting limitations
In order to do a full range of sedentary work, a North Carolina disability applicant must be able to sit for long periods of time. If you need to alternate periods of sitting with periods of standing or walking, then you may not be able to do a number of sedentary jobs. The same is true if your impairment requires you to elevate one or both legs when sitting.
Limited manual dexterity
Most unskilled sedentary jobs require bilateral manual dexterity – that is, good use of both hands and all of your fingers – such that you can manipulate small objects. Reaching (extending your hands and arms in any direction) and handling (working with your whole hand or hands, as in grabbing, holding or turning) are required in almost all sedentary jobs. Thus, the range of unskilled sedentary jobs available to you will be greatly diminished if your impairment limits your ability to use your fingers, hands or arms.
Limited vision
If you have a visual impairment that prevents you from working effectively with small objects or results in your being unable to avoid ordinary workplace hazards (e.g., boxes on the floor, open doors), this will greatly reduce the number of sedentary jobs available to you.
Environmental restrictions
Sensitivity to noise or dust or other respiratory irritants can limit your ability to perform a full range of sedentary work.
Mental impairments
Some North Carolina Social Security disability applicants under the age of 50 are physically capable of performing sedentary work, but suffer from mental impairments that significantly limit the number and type of sedentary jobs available to them. A mental impairment of this nature may result in the applicant having difficulty:
- Reacting appropriately to common work-related situations, supervisors, and co-workers.
- Dealing with changes in a routine work setting.
- Understanding, remembering, and carrying out simple instructions.
- Making simple work-related decisions and judgments.
The guidance of an experienced North Carolina disability lawyer can help younger applicants
If you are a North Carolina Social Security disability applicant under the age of 50, you face an uphill battle in proving that you are, in fact, unable to work, even in a sedentary job. Your chances of success are greater if you tackle this challenge with the help and guidance of a North Carolina disabilty lawyer. If you would like us to review your claim, please complete the Free Claim Evaluation form to your right, or contact us by phone or email.
Bridgman & Serbin
Charlotte Social Security disability lawyers
5550 77 Center Drive, Suite 310
Charlotte, NC 28217