Do you have “good days” and “bad days”?
This question sounds simple. And it is. If you are suffering with severe injuries or impairments, the obvious answer is going to be yes. But how does answering a question like this relate to your social security disability case?
A major factor in determining whether or not a person is disabled is to analyze what that person does on a daily basis. More commonly known as Activities of Daily Living, a Social Security disability analyst or an Administrative Law Judge wants to know just what the claimant does when not working.
Often times, individuals testify that they need assistance with everyday living, but many claimants try to do what they can around the house to help out even though they are severely limited by an impairment. Attempting to partake in various household chores will not bar you from receiving benefits, but analysts and Judges want to know if your abilities can translate into a work environment.
For individuals seeking disability benefits, “good days” and “bad days” are nothing new. A “bad day” for a particular claimant might involve that person being unable to get out of bed for the entire day. A bad day might also involve the experience of severe pain if it’s particularly cold outside or if rain is in the forecast. Those suffering from arthritis might suffer from endless battles with severe pain when humidity levels are high.
Neglecting to mention these kinds of things at the hearing could be detrimental to your case. An analyst or Judge needs to know how your body reacts during a “bad day” and whether you can perform in the workplace during these days. If you experience “bad days” more than a few times a week and it’s proven that you cannot work on these alleged “bad days,” the chances of winning your case will greatly increase.
Experiencing “bad days” will not win your case on it’s own. There are several factors that come into play in deciding a Social Security Disability case. Knowing which factors to focus on at all levels of your case is the key to success.
At Markhoff & Mittman, we dedicate our time and resources in representing our client base with diligence and professionalism. Our highly qualified attorneys have handled countless disability cases throughout the New York area. We pride ourselves in preserving the rights of all of our clients. We understand how difficult and complex the Social Security Disability process can be and we are more than willing to go the extra mile for our clients.