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July 2012 Archives

How does Social Security evaluate symptoms such as pain, fatigue, shortness of breath, weakness, and nervousness in a disability claim?

The Commissioner of Social Security has published Social Security Rulings (SSRs) which are a series of decisions relating to the programs administrated by Social Security Administration. These SSRs may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and policy interpretations of the Social Security law and regulations. There is a SSR addressing our question posed above.

Can you qualify for Social Security disability benefits if you are working?

Not long ago, I had someone come in to see me and ask this very question. She had already received two adverse rulings against her and several lawyers had declined to represent her because she was still working. She was now at the hearing level and she needed help. She was only working part-time as a customer service clerk and her monthly wages were under $1000. I accepted the case, knowing it would be a challenge. Here's why:

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