Because you are disabled.

File for disability benefits.

Appeal your case.

How you presented your initial application was the best you could do at that time given what you knew and were told.

But, if you were not successful, appeal (1) because you are disabled and (2) because you can improve on your presentation.

Tuesday, February 25, 2014

Frequent and Occasional



Social Security has particular legal definitions of “frequent” and “occasional.”   

Applicants for Social Security disability should avoid terms which may be vague.  By providing as specific an answer as possible, applicants can avoid falling into a trap of using terminology which has a “legal” definition, unknown to them.

When asked how often a job task was performed, avoid saying frequently or occasionally.  Say instead that over the course of an eight-hour day, the job task was performed for so many minutes or hours.  If the job task was only performed once a month or on some other schedule, say so.  If the job task was only performed once in your six years with the company, say so.

Social Security defines the terms, frequent and occasionally as follows:

“Frequent” means occurring from one-third to two-thirds of the time.

“Occasionally” means occurring from very little up to one-third of the time.

See, http://www.socialsecurity.gov/OP_Home/rulings/di/02/SSR83-10-di-02.html

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