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howdy guys attorney Walter not so here's
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basically the deal we're live right now
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we're going to be talking about mental
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impairments and how to win Social
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Security disability benefits for
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specifically mental issues mental
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impairments you know things are the 12.0
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listings right anxiety depression PTSD
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things like that we're going to be
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focusing this video specifically on
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Social Security disability insurance
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benefits and also supplemental security
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income benefits which are your two types
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of disability claims at the federal
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level right SSI benefits something else
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security income that's your title 16
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benefits Social Security disability
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insurance benefits that's your title two
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benefits we're going to get into
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essentially where do you go to figure
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out your approach to having a strong
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claim before the Social Security
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Administration form mental impairment so
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the first thing I want to talk about is
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basically this one form now when you
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want to go ahead and also howdy and
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Scott stormcop uh slatherings uh Deb
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Carter uh at am our uh and Scott howdy
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howdy so what you want to know is okay
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so they have to find the Social Security
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Administration
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me the claimant severely mentally
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impaired right that's what we're
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shooting for here because if you're
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found severely mentally impaired then
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you win disability benefits now
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obviously each of these different types
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of impairments right each of these
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different types of mental impairments
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has different rules that apply to them
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but there's an overarching theme about
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these types of mental impairments that
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if you know how to do this you will
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massively significantly increase the
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likelihood in which you will be found
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disabled for disability benefits now
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remember there's two ways to be found
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disabled we're going to cover it real
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quick we're going to get out of the way
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number one you're found disabled for one
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particular impairment that's called a
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listing level approval or you're found
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disabled for multiple impairments
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combined so that you can't actually work
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a full-time job that's called a
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vocational allowance cool we got that
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out of the way so there's one way with
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one impairment another way with multiple
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impairments now there's this form I want
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you guys to learn about this form study
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this form because it is a basic road map
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for doctors to be able to look at
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essentially whether or not you are
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disabled at the severe mental level that
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they require with the SSA the form is
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SSA
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4734 again SSA
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4734 I'm going to put it right in here
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uh let's say 4734 now it's in the chat
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section what is this form
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this is the mental residual functional
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capacity assessment again the mental
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residual functional capacity assessment
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form it's the form that the government
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sometimes uses to submit to doctors
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could be a consultative examination
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doctor could be a seeing physician could
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be a non-seeing physician where they're
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just reviewing the claim but what they
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have in this form is essentially a
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category by category breakdown of the
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types of mental things somebody has to
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be good enough fat to be able to go and
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work they also have categories not
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significantly Limited moderately limited
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markedly limited that just means
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severely limited next one no evidence of
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limitation on this category next one not
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relatable on available evidence okay
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uh so uh sorry not raidable on available
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evidence all right so what are they
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saying here they give this doctor
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basically a form and the form has your
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categories here here
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Etc and then inside the categories it
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has smaller breakdowns of the things
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that they're looking for and then over
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here what they have are essentially
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ratings for how severe these impairments
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are for you
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let's go through some of them so you
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understand specifically what they're
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looking for with this remember this
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isn't just good for obtaining disability
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benefits for the mental side it's also
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really good for essentially retaining
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disability benefits when you've been
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found disabled for the mental side a lot
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of people don't realize like they're
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like oh I'm found disabled I don't have
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to know stuff anymore no you still have
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to keep studying it you still have to
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keep improving your impairment so they
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allow you to stay on Social Security
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Disability Benefits this year 2023 we're
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expecting to see over a million CDR
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reviews for those who are receiving
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disability benefits which will be a
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landmark year one of the highest in
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history if not the highest in the
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history of Social Security
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Administration cdrs continuing
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disability reviews which is where they
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review you to see if you're still
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disabled you know use them to basically
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take you off the benefits
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first one understanding and memory
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let's break it down as to what they're
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looking for from understanding and
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memory number one the ability to
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remember locations and work-like
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procedures the ability to remember
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locations and work-like procedures so
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with this one you're going to think
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about okay do I often forget where I
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park my car do I often Forget Where I
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Leave things you know essentially on the
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computer do I often forget uh you know
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where I've left things in the kitchen uh
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the ability to remember locations and
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work-like procedures do I have a
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difficult time remembering the functions
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of the cash register do you have a
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difficult time remembering which thing
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has to be mixed with which before I go
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ahead and cook or clean that's what
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they're looking for for that one number
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two the ability to understand and
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remember very short and simple
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instructions we're talking like one to
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three step instructions very simple you
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know uh can you take it you know where
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you hear it orally uh you know or or you
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know how do you do when it's written
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things like that so in this particular
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situation what we're looking at is is
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short instructions okay somebody just
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tells you something really simple
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there's a hole there's a shovel go dig
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it you know we want it to this depth
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very simple instructions number three
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the ability to understand and remember
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detail instructions we're looking for
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more steps right so it's not just one
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step two-step three-step you're done
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it's four step five step six x seven
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step eighth step ninth step 10th step
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Etc
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and so what they're looking for there is
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essentially basically do you have the
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capacity to do more detail-oriented work
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you know are we talking about you're
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throwing something into the microwave
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and it only requires a few steps and
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boom you're eating are we talking about
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you're making something from scratch and
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requires you know 10 steps to go ahead
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and make that meal right that's that's
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what they're looking at there next
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category category B sustained
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concentration and persistence
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so the first one in this is the ability
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to carry out very short and simple
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instructions so this one they're looking
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at okay not only can you perceive them
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but then can you go ahead and follow
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through with the completion of them
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what's going to slow you down what's
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going to stop you is this something
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where you know you you have you know
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instant recall issues and or maybe you
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have hand limitations they're looking
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for essentially what in combination with
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your brain is going to slow down your
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ability to once again carry out very
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short and simple instructions okay
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number five uh sorry number two for this
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category the ability to carry out
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detailed instructions so this one
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they're looking at okay could this
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person do something more detailed
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remember they're assessing essentially
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what you used to do with your work
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they're looking at okay did this person
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you know used to have a job where it was
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very detail-oriented there were a lot of
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steps there was a lot of things going on
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uh stuff like that or is this one of
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these types of individuals who's always
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had very simple task oriented jobs what
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is our expectation that this person will
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be able to complete more complex tasks
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so that's what they're looking at for
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number two of that next category number
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three the ability to maintain attention
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and concentration for extended periods
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now what they're looking at for this
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particular one
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is essentially your ability to sit there
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for more than three minutes you know
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more than five minutes and continuously
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receive information into your brain and
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be able to process it understand it move
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forward Etc this question is usually
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brought up with claimants of like okay
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are you able to read a book how long can
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you read for are you able to watch a
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movie how long do you watch the movie
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for okay what was the book about do you
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remember what was the movie about what
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was the theme who were the characters
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stuff like that next one the ability to
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perform activities within a schedule
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maintain regular attendance and be
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punctual within customary customary
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tolerances so this is actually really
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important because a lot of claims uh
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it's probably the most important on this
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whole list a lot of claimants fall into
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What's called the time off task
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vocational allowance what that is is
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where essentially if you are off task at
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work Beyond a certain percentage so
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let's say you know beyond ten percent
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then you are work preclusive which means
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that there's no jobs in the National
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economy that you could do where they
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would retain your services where you
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would keep working for them without
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getting fired so what they're looking at
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here is the ability to perform
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activities or performing the thing that
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we're supposed to be hired to do within
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a schedule we're doing it on time and
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consistently repeating the schedule that
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they require of us maintain regular
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attendance we're showing up on time and
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on time for each thing that requires us
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to be set up for that thing when we
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start it okay and be punctual within
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customary tolerances so you know the
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easiest way to think about this one that
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I always like to think about it as is if
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you're on like a line and then the line
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has to move to some other line so okay
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we get to a line and we're making
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widgets right the widget is coming down
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the line and you have other people on
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the other side of the line left or right
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left or right left or right right
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so the easiest way to think about this
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is okay so I'm here I got here on time
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the widget came down I did my thing cool
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I do 10 widgets and then I switched to
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that line to go ahead and you work with
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a heater or a die machine or a paint
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machine or a butt machine or whatever
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and I put those buttons onto it and I'm
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good to go so what happens is you
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switching from this line to that line
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back to this line that's a great way to
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think about that consistent punctual
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customary tolerances for regular
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attendance okay so that's another way to
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think about it next one
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the ability to sustain an ordinary
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routine without special supervision so
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what they're really talking about here
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is once they train you you know what
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you're doing you don't have to you know
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receive continuous training updates they
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don't have to constantly correct your
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behavior even though they've already
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taught you what to do about it this is
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essentially the question of can this
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person learn the job and then not need
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repetitive continuous updates
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supervision you know a lot of people
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um when they think about this stuff they
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think about like something new that
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they're learning maybe you learn a new
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recipe maybe you got a new cleaning tool
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maybe you were you know basically
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figuring out how to pay a new type of
00:10:48
bill or something and you just had to
00:10:49
keep going back to remembering how to do
00:10:51
that that's what they're trying to
00:10:52
assess to assess here are you able to
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and I'll read it again sustain an
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ordinary routine without special
00:11:00
supervision
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or is some manager supervisor whatever
00:11:04
going to have to constantly check in
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with you and say hey you need to do this
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hey didn't you remember how to do this a
00:11:12
classic example of this being used in a
00:11:14
hearing is okay are you able to take
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your medications without assistance
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right so oh yeah I'm able to take my
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medication with assistance okay or the
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other person would say no I have to have
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a case manager because I keep forgetting
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to take it so they distribute it to me
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yada yada that's kind of where that
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whole bending factor is next one the
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ability to work in coordination with or
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proximity to others without being
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distracted by them so remember when we
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talked about people being on that line
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you know where the widgets are being
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made you're on this side of the line
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they're on that side of the line and you
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know you grab the plate you flip it over
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they put an apple on the plate they
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slide it over to the orange purse and
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the orange person puts an orange on the
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plate and then somebody wraps the whole
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thing and now you've got a fruit plate
00:11:59
so what they're talking about here is
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can you be close to others and
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appropriately interact with them to
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produce a product
00:12:07
so what's interesting about this one
00:12:09
that I think is is good to think about
00:12:11
is you know are you able to interact
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with your neighbors are you able to you
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know basically go into the general
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public and and the way we break it down
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uh usually these three categories I use
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a few more but bosses co-workers friends
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family in the general public those are
00:12:26
the groups of people that I
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traditionally break it down into
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thinking about who essentially would you
00:12:31
have a difficult time interacting with
00:12:32
that's why on those forums you see them
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saying well well well well do you have
00:12:37
any difficulty interacting with you know
00:12:39
authority figures you know a difficulty
00:12:43
with you know people who are doing law
00:12:45
enforcement difficulty interacting with
00:12:48
the general public difficulty
00:12:49
interacting with your friends your
00:12:51
family members stuff like that so that's
00:12:53
what they're getting at from this list
00:12:54
and here's the next one
00:12:57
the ability to make simple work related
00:13:00
decisions and what this question really
00:13:02
is is I want you to think of this as
00:13:04
more of like a managerial perspective uh
00:13:07
managerial in the sense of are you able
00:13:09
to manage the tasks that are coming your
00:13:11
way you know how like uh what was I
00:13:13
think it was the GoDaddy co-founder or
00:13:14
something way back in the day was like
00:13:15
you put people in management positions
00:13:18
to see if they're going to succeed if
00:13:19
they don't succeed that's how you weed
00:13:21
out the bad managers well that's kind of
00:13:23
what this is about right here not that's
00:13:25
not saying that he was the best type of
00:13:26
manager but you know when they get super
00:13:28
rich like that anything they say or do
00:13:30
becomes like the standard of the
00:13:31
standards but anyway the ability to make
00:13:33
simple work related decisions what
00:13:35
they're getting at is if you had to face
00:13:38
something that would potentially change
00:13:40
the status quo or require you to do
00:13:43
something to make a decision right it's
00:13:45
not just all pre-thought out for you
00:13:47
would you consistently make the correct
00:13:50
decision or at least some decision
00:13:51
that's within that correct lineage of a
00:13:54
good outcome right so that's what
00:13:56
they're shooting for for with that
00:13:57
particular situation
00:14:01
you know another another example of that
00:14:03
would be okay are you constantly getting
00:14:05
in trouble are you constantly breaking
00:14:06
things are you constantly leaving things
00:14:08
open and they're drawing out and they're
00:14:09
not working those are kind of the things
00:14:11
that a claimant would use to explain why
00:14:13
they don't fit into that particular
00:14:15
category well next one the ability to
00:14:18
complete a normal work day
00:14:21
and work week without interruptions from
00:14:23
psychologically based symptoms and to
00:14:26
perform at a consistent Pace without an
00:14:29
unreasonable number and length of rest
00:14:31
period so this goes back into that whole
00:14:33
idea of off task it also goes into
00:14:35
essentially the idea of missing work you
00:14:37
know how many days per month allowables
00:14:39
one day per month anything more than
00:14:41
that is vocationally considered work
00:14:42
reclusive so what they're really getting
00:14:44
at here is essentially you know read it
00:14:46
again do you have the ability to
00:14:48
complete a normal work day we're talking
00:14:50
full eight hour work day okay not just
00:14:53
part-time not for a full eight hour work
00:14:55
day and work week so now we're talking
00:14:58
about eight hours a day five days a week
00:15:00
without interruptions from
00:15:02
psychologically based symptoms right so
00:15:05
that your mind wouldn't interrupt you
00:15:07
from going there on time getting there
00:15:10
at all or being off task so much that
00:15:13
you wouldn't be able to focus on the job
00:15:14
at hand okay
00:15:16
and to perform at consistent Pace
00:15:19
without an unreasonable number and Link
00:15:21
length of rest period so what they're
00:15:22
talking about here is do you require
00:15:24
accommodations to be able to do a job or
00:15:27
are you able to just do the job as it's
00:15:30
required as other people would do it and
00:15:32
as you guys know some jobs they give you
00:15:34
accommodations you get to spend extra
00:15:35
time doing something you don't have to
00:15:36
lift things that are so heavy you get
00:15:38
additional breaks to go ahead and just
00:15:40
step away from everything there are
00:15:42
certain accommodations what they're
00:15:44
asking here is do you have
00:15:45
accommodations to be able to do the jobs
00:15:47
that you did have or are you able to
00:15:49
just do the jobs because if you have a
00:15:51
lot of accommodations then you fit into
00:15:53
this category more into the markedly
00:15:55
limited severe limited as opposed to the
00:15:57
moderately Limited uh social interaction
00:16:01
the ability to interact so this is the
00:16:03
new next category so we had basically
00:16:05
just for those of you who are joining us
00:16:06
we've gone through the understanding and
00:16:08
memory category we've gone through the
00:16:10
sustained concentration persistence
00:16:11
category now we're going to these social
00:16:13
interaction category okay so and this
00:16:16
these are all the things that you'll use
00:16:17
to go ahead and increase your likelihood
00:16:19
at a massively significant amount at
00:16:22
being found disabled you know when
00:16:24
people are like I have the secret the
00:16:25
secret is you buy your medical records
00:16:27
ahead of time and submit them that's not
00:16:30
actually a secret
00:16:32
um the reality is is that the SSA has to
00:16:34
buy your records at the initial filing
00:16:36
level anyways so you might shave off a
00:16:38
month right but you're not going to do
00:16:40
anything magical or new because at the
00:16:42
end of the day your records get into the
00:16:44
system whether you're bringing them in
00:16:45
or the SSA is bringing them in at the
00:16:47
initial filing level so the bottom line
00:16:49
is that's not a secret I know that that
00:16:51
was punted by a channel as a secret I
00:16:54
think that person that channel that did
00:16:55
punt that particular video is doing a
00:16:57
great job I want him to continue to do
00:16:59
stuff he's not an attorney he's uh quasi
00:17:02
you know advocate for essentially and
00:17:04
he's got his own group thing which I
00:17:05
really appreciate but that's not the
00:17:08
legal entrance to what they are looking
00:17:11
for what they are looking for are the
00:17:13
things that they give to the doctors and
00:17:16
their representation as to how severe
00:17:18
you actually are mild moderate severe or
00:17:20
extreme all right social interaction now
00:17:23
we're on the third category here
00:17:25
they'll ask the doctors does the
00:17:27
claimant have the ability to interact
00:17:30
appropriately with the general public so
00:17:32
remember how we talked about the
00:17:33
categories of people bosses co-workers
00:17:36
friends family and the general public
00:17:37
general public the general public is
00:17:39
usually the group that people have the
00:17:41
most difficulty with because they don't
00:17:43
know them they've never interacted with
00:17:45
them they have no interaction and
00:17:46
there's no accommodations between them
00:17:48
things like that so first off the bat
00:17:51
when you have you know do you not leave
00:17:53
your house out of fear of interacting
00:17:55
with other people do you have a
00:17:57
difficult time when you go outside to
00:17:58
get your mail because you're worried
00:17:59
somebody might talk to you those sorts
00:18:01
of things next uh detail the ability to
00:18:05
ask simple questions
00:18:07
or request assistance so what this comes
00:18:11
down to is if you had to go ahead and
00:18:13
basically do a job right if you had to
00:18:15
go ahead and do that job
00:18:18
then what would happen I'm just reading
00:18:20
the thing real quick uh
00:18:23
okay so here's the deal
00:18:25
the ability to ask simple questions or
00:18:27
request assistance when you work at a
00:18:28
job the expectation is that you are
00:18:31
going to ask questions before you do it
00:18:34
wrong but a lot of people don't because
00:18:37
they're either ashamed or they don't
00:18:38
think of it or whatever and as a result
00:18:40
of that they'll do something wrong and
00:18:42
then all of a sudden it just gets worse
00:18:45
and worse and worse and worse because
00:18:47
they made an error here another ending
00:18:49
up way over here it's like when they're
00:18:50
surveying a property right if they get
00:18:53
this point wrong then all the other
00:18:54
points around that property that they
00:18:56
survey are going to be wrong so the
00:18:59
bottom line is are you capable of asking
00:19:02
questions to authority figures which are
00:19:04
usually your bosses co-workers stuff
00:19:06
like that so what they're really getting
00:19:07
out with this is the first question was
00:19:09
General Public the second question was
00:19:11
authority figures right or people who
00:19:13
are in the know that you've got to go
00:19:15
ahead and check in with to figure out
00:19:17
how to do it properly cool next one the
00:19:20
ability to accept instructions and
00:19:23
respond appropriately to criticism from
00:19:25
supervisors so now this is a really good
00:19:28
question especially for those who suffer
00:19:30
from all kinds of things you know
00:19:32
adhdadd things like that because some
00:19:35
people do not respond well to criticism
00:19:38
criticism I think is one of the toughest
00:19:40
things for a lot of people to overcome
00:19:41
somebody gets on them they have to
00:19:44
internalize okay they have to
00:19:46
internalize if they were wrong
00:19:48
they have to forgive themselves and say
00:19:51
to the person I was wrong I'm sorry
00:19:53
let's do it better the next time right
00:19:56
um you know when I was growing up my dad
00:19:57
would always have a famous phrase which
00:20:00
was how could you be so stupid to do
00:20:03
that though he would always ask me that
00:20:04
every time I would screw up he would
00:20:05
always ask me how could you be so stupid
00:20:07
to do that and the correct answer is
00:20:10
because I'm an idiot and that's it
00:20:13
that's the holy audio right and you know
00:20:16
when you're a kid you do some incredibly
00:20:17
stupid things anyway the bottom line is
00:20:19
uh the whole point of this is that your
00:20:22
ability to receive criticism
00:20:25
and then respond appropriately because
00:20:28
you know there's a lot of people out
00:20:29
there you criticize them they lose
00:20:31
control they get red in the face they
00:20:33
start swinging at you they lose control
00:20:35
okay next one the ability to get along
00:20:38
with co-workers or peers without
00:20:39
distracting them or exhibiting
00:20:41
behavioral extremes so behavioral
00:20:44
extremes just think of you know any kind
00:20:45
of impairment where you might see some
00:20:47
bipolar Tendencies uh maybe some Ms
00:20:50
maybe some you know anything that would
00:20:51
essentially cause a person to start
00:20:53
screaming waving their arms being
00:20:55
aggressive physically or too close to
00:20:56
someone physically uh you know in a
00:20:59
peer-to-peer setting the other thing is
00:21:01
that uh you know the ability to get
00:21:02
along with co-workers so are you able to
00:21:04
treat others with kindness are you able
00:21:07
to treat others with respect are you
00:21:08
able to treat others with the space they
00:21:11
need are you able to you know interact
00:21:13
with them where they can give you
00:21:14
information some people can some people
00:21:17
can't in fact this is probably the most
00:21:19
crucial thing for a person to be
00:21:21
successful in life because when people
00:21:22
have buddies they seem to do well right
00:21:25
look at politics questions whenever they
00:21:26
buddy up they seem to do very well I was
00:21:29
recently looking up with some of these
00:21:30
politicians have monetarily now you know
00:21:32
as a financial figure they don't know
00:21:34
essentially and I'm just going to throw
00:21:36
this one out there because she's younger
00:21:38
you know she's a younger person but when
00:21:40
they look at AOC and I'm not again not a
00:21:42
political thing not a left not a right
00:21:43
we're not going into that we're not
00:21:45
touching that but when you look at AOC
00:21:47
nobody really knows how much she has but
00:21:49
they're starting to report that she's
00:21:50
got like 30 million dollars plus I don't
00:21:53
know if that's true I don't know but
00:21:55
like you know when you think about it
00:21:57
when somebody goes from like waiting
00:21:58
tables or like me I was a Starbucks
00:22:00
Starbucks Barista uh you know I was a
00:22:04
music stock boy I was a farm hand I was
00:22:08
um a music instrument technician
00:22:11
like you know if you're ever wondering
00:22:12
like hey did he ever work jobs other
00:22:14
than this Law Firm I worked all of them
00:22:17
every category
00:22:19
category blue
00:22:23
clanscaping tree stuff I did it all I
00:22:26
did it all but the the point is this
00:22:29
um
00:22:29
and this is important when you look at
00:22:32
this uh and my point with that is when
00:22:35
you become a politician
00:22:37
boy that money just seems to Flow To You
00:22:39
doesn't it right just seems to flow to
00:22:41
you I don't know if it's true what the
00:22:42
deal is but you know these politicians
00:22:44
you know it is what it is but anyway the
00:22:47
ability to maintain uh to get along with
00:22:50
co-workers appears without distracting
00:22:51
them or exhibiting behavioral experience
00:22:53
the next one yeah and the reason I say
00:22:55
that about that whole situation is like
00:22:57
I can't even pay off my student loans in
00:22:58
an appropriate Manner and these
00:23:00
politicians play they get in there
00:23:01
lifetime pensions specialty Health Care
00:23:04
oh man anyway next one the ability to
00:23:07
maintain socially appropriate behavior
00:23:09
and to adhere uh adhere to basic
00:23:12
standards of neatness and cleanliness so
00:23:15
when people don't cut their nails when
00:23:17
people don't clean their ears when
00:23:19
people have you know mucus coming out of
00:23:22
their nose when people have you know not
00:23:25
taking a shower in a week that's what
00:23:27
they're looking at for that particular
00:23:28
question they're looking at is this
00:23:30
person exhibiting you know a distancing
00:23:32
from the Norms of cleanliness right
00:23:34
neatness okay now we're going to the
00:23:36
next big category just to summarize for
00:23:38
those who are basically part of this
00:23:39
we've gone over I'm just understanding
00:23:41
in memory sustained concentration
00:23:43
persistence we've gone over social
00:23:45
interaction and now we're on to
00:23:46
adaptation
00:23:48
although I think social interaction is
00:23:50
probably one of the most important ones
00:23:51
adaptation the ability to respond
00:23:54
appropriately to changes in the work
00:23:56
setting so what's crucial about this one
00:23:58
is that when you and a lot of you may
00:24:00
have not had this type of job but when
00:24:01
you work inside a store where you're
00:24:04
like you know basically uh you know like
00:24:06
you're you're interacting with people in
00:24:08
the grocery store studying is setting
00:24:10
and you're like you know somebody that's
00:24:11
running up and down the the you know the
00:24:14
the food
00:24:15
um which we'll call it uh I can't think
00:24:17
of the name the food aisles I almost
00:24:18
called them food halls but the food
00:24:19
aisles and you're putting stuff away and
00:24:21
somebody walks up to you and they're
00:24:22
like Hey where's this and you don't know
00:24:24
and you're not sure what to do or how to
00:24:27
go find it are you able to adapt to that
00:24:30
situation or let's say that there's
00:24:31
somebody screaming in the corner of the
00:24:33
store are you able to appropriately
00:24:35
adapt to that situation are you able to
00:24:38
take what you know and apply it in
00:24:40
correct manner that is within social
00:24:42
norms now if you are thinking right now
00:24:44
boy this is like a moving Target because
00:24:47
I mean social Norms that's all over the
00:24:49
place correct that's why these judges
00:24:51
have such a magnificently large like you
00:24:55
know well what do I think what does the
00:24:57
doctor say what does the record say what
00:24:59
do I think about interacting with this
00:25:00
person in the hearing that's why there's
00:25:02
just this massive massive thing going on
00:25:05
with like what is the social Norm
00:25:07
okay next one the ability to be aware of
00:25:10
normal hazards and take appropriate
00:25:12
precautions so like if you were working
00:25:15
over a stove or a grill you wouldn't
00:25:17
purposely put your arm directly onto it
00:25:19
unless you wanted like medical leave
00:25:21
right that would be one of those things
00:25:23
if you were working against something
00:25:25
where you're on a height you wouldn't
00:25:26
climb over the safety rails right if you
00:25:28
were working uh essentially on something
00:25:31
that was very quickly rotating uh and
00:25:34
was sharp you you would obviously not
00:25:36
put that up to your face because that
00:25:38
would just be outside of the normal you
00:25:40
know conduct of a person to avoid
00:25:42
hazards okay next one the ability to
00:25:45
travel in unfamiliar places or use
00:25:47
public transportation so do you have the
00:25:50
ability to you know use the the local
00:25:52
bus do you have the ability to go from
00:25:55
you know bus to bus to bus ticket to
00:25:57
where you need to be and then the
00:25:58
purpose of this is more so the brain's
00:26:01
ability to map out where they have to go
00:26:04
when they have to be there all that kind
00:26:06
of stuff so ability to travel in
00:26:08
unfamiliar places or use public
00:26:09
transportation do you have the basic
00:26:11
knowledge to figure out how to get from
00:26:12
point A to point B are you able to go
00:26:15
ahead and let's call like it is like you
00:26:17
know innovate on the spot with where you
00:26:20
know you need to be and how to get there
00:26:22
how to fix being lost okay number 20 the
00:26:25
ability to set realistic goals or make
00:26:27
plans independently of others so a lot
00:26:29
of people look at this and they're like
00:26:30
why is that important well a lot of
00:26:33
claimants they need a caseworker a
00:26:34
social worker a case manager they
00:26:37
basically need somebody to wake them up
00:26:39
on time they need somebody to get their
00:26:40
medication on time
00:26:42
um and do all these things for them so
00:26:44
they don't really set the goals of their
00:26:46
life they don't really set the the
00:26:47
rhythm of what their day is going to be
00:26:49
so they look at essentially those
00:26:51
individuals who require more uh direct
00:26:55
you know management you know where the
00:26:58
person's not able to achieve goals the
00:27:00
person's not able to achieve where
00:27:01
they're going with life so again the
00:27:03
ability to set realistic goals or make
00:27:04
plan an apparently of others they do ask
00:27:06
when almost all these forms you know
00:27:08
especially 3373 are you able to go out
00:27:10
alone are you able to travel alone
00:27:13
now this is one of those things where
00:27:15
you know they're really asking like you
00:27:16
know are you able to go grocery shopping
00:27:18
alone are you able to you know basically
00:27:20
go to the movies alone do Hobbies alone
00:27:22
go to a religious institution alone
00:27:24
whether that's a church synagogue mosque
00:27:27
Etc so that's what they're really
00:27:28
looking for from this now at the end of
00:27:30
this forum they put a remarks section
00:27:32
and the remark section is basically
00:27:34
about you know what additional things
00:27:37
should they add and then they do a
00:27:39
functional capacity assessment uh
00:27:41
recording this section the elaborations
00:27:42
that's where they'll put their analysis
00:27:45
right as to why they chose marked marked
00:27:49
this marked that so all those calories
00:27:51
categories that I just gave you they can
00:27:53
be broken down into your severity level
00:27:56
right so basically doesn't apply hardly
00:27:59
at all mild moderate severe and extreme
00:28:03
right what you need for most
00:28:05
applications of disability benefits are
00:28:07
the severe or marked category what I
00:28:11
think is interesting is that there was
00:28:12
this one RF see based off of some of the
00:28:15
statute language that outlined and I'm
00:28:16
just going to read to you because they
00:28:17
don't usually add this into the rfcs but
00:28:20
I'm just going to give you the yada ya
00:28:21
so what they you know what this
00:28:24
particular RFC outlined was that not
00:28:26
raidable not enough evidence to evaluate
00:28:29
it's the little definitions Forum no
00:28:31
evidence of limitations able to perform
00:28:33
satisfactorily at all times right that's
00:28:36
what they're saying that you can do it
00:28:37
no issue now we go to not significantly
00:28:40
limited unable to perform perform this
00:28:43
task satisfactorily for zero to fifteen
00:28:45
percent during an eight hour work day so
00:28:48
zero to fifteen percent of that eight
00:28:49
hours right so there's there's eight
00:28:51
hours zero to fifteen percent you're not
00:28:53
able to do a good job at it that
00:28:55
essentially is not significantly limited
00:28:58
moderately Limited
00:29:00
unable to perform this task
00:29:02
satisfactorily for 16 to 25 percent
00:29:05
during an eight hour work day so all of
00:29:07
a sudden you've got an eight hour work
00:29:08
day instead of like you know this now
00:29:10
we're looking at uh all the way from
00:29:12
here to like here right all the way up
00:29:15
to 25 essentially is moderate next one
00:29:17
markedly limited unable to perform this
00:29:20
task satisfactorily for 26 to 75 during
00:29:24
an eight hour work day so you know
00:29:26
essentially now we're looking at a
00:29:28
massive increase massive increase and
00:29:30
then of course extreme would be 75 to
00:29:32
100 of the work day that you would not
00:29:34
be able to structurally do these things
00:29:36
right okay so now you understand
00:29:38
specifically what the doctors are
00:29:40
looking for or what the what the SSA is
00:29:43
looking for medically from the doctors
00:29:45
as to your abilities in the mental
00:29:48
rights in the mental impairment uh
00:29:51
sphere that's a fancy way of saying the
00:29:54
category of you getting an impairment
00:29:56
that's mental and approval related to it
00:29:58
so what's good about this is now you
00:30:00
know now you know what the doctors are
00:30:03
looking at now you know what the doctors
00:30:04
are judging on you so when you talk to
00:30:07
these doctors you need to specifically
00:30:10
outline why you have difficulty with
00:30:13
these categories so I'm just gonna we're
00:30:15
just gonna randomly pick one we're gonna
00:30:17
mix it up mix it up right we're gonna
00:30:19
mix it all up pull it around uh this one
00:30:22
the ability to perform activities within
00:30:25
a schedule maintain regular attendance
00:30:27
and be punctual with punctual within
00:30:28
customary tolerances all right I'm
00:30:31
claimant and I'm explaining why I have
00:30:33
difficulty with this particular one
00:30:35
I have poor sleep schedule I have to
00:30:37
wake up often to go to the bathroom I
00:30:40
have a difficult time tossing and
00:30:41
turning I have nightmares all the time
00:30:43
therefore I don't wake up consistently
00:30:45
therefore I'm not able to show up on
00:30:46
time for my jobs also because I have uh
00:30:50
urinary incontinence I basically have to
00:30:53
go ahead and go to the bathroom
00:30:54
significantly more times than you know
00:30:57
the average person would be required to
00:30:59
and therefore I'm going to be off task
00:31:01
while working significantly more when it
00:31:04
comes to doing things on schedule I'm
00:31:07
very forgetful and it's because of a
00:31:09
memory issue due to trauma to my brain
00:31:10
because I was driving got into an
00:31:12
accident where I hit my head on the
00:31:13
windshield as a result of that I have to
00:31:16
be redirected uh back to the task with
00:31:19
instruction from a prior person who
00:31:22
taught me to go ahead and do these
00:31:24
things over and over and over and over
00:31:26
again which again makes me essentially
00:31:28
not able to maintain regular ability to
00:31:30
focus and be punctual with the
00:31:32
activities I'm doing uh yada yada yada
00:31:35
so I don't know if you guys can hear
00:31:36
that but that's a rocket going off
00:31:37
because of course I live right next to
00:31:39
NASA so with that said I hope you
00:31:42
enjoyed this video it was way longer
00:31:44
than I intended to be sorry about that I
00:31:46
hope you enjoyed learning about the
00:31:48
specific things that you've got to do
00:31:50
well with in order to be found disabled
00:31:52
I'll do one on the physical I'm not
00:31:54
going to do it today because I'm kind of
00:31:55
running on my voice I want to give
00:31:56
myself about a five minute break and I'm
00:31:58
gonna come back with another topic and
00:31:59
we'll go from there please remember guys
00:32:01
if you like these videos you know I
00:32:03
please like subscribe hit the bell and
00:32:08
five star reviews I really appreciate
00:32:09
those they help me out I'm gonna put the
00:32:11
five star review notation and also the
00:32:13
other thing I'm working on which is
00:32:14
class action setup to basically increase
00:32:17
your Social Security benefits and
00:32:19
approve historically uh that you've been
00:32:21
underpaid so I'm going to put those into
00:32:23
the chat section area and then I'll put
00:32:25
those directly into the comment section
00:32:26
once the video posts I hope all is well
00:32:28
we are live and now we're going to pop
00:32:30
off I'll catch you guys later give me
00:32:32
about five ten minutes we'll be back
00:32:33
thanks so much guys we'll go from there
00:32:35
bye-bye
