Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

The effect of a “Light” pysical RFC for claimants over age 55 with disability claims based on mental health symptoms

By Gordon Gates on September 24, 2024
Email this postTweet this postLike this postShare this post on LinkedIn

A person’s mental health is often the basis of a disability claim. That person’s past relevant work (PRW) is often precluded by their mental health symptoms at Step 4 of the Social Security’s sequential evaluation. Frequently assessed functional limitations due to mental health symptoms, such as a limitations to “simple tasks” or “no interaction with the general public” are enough to eliminate that person’s ability to perform their PRW.

However, those limitations do not help much when considering the person’s ability to perform other work at Step 5 of the sequential evaluation. Limitations to “simple tasks” or “no interaction with the general public” do not prevent application of the Medical-Vocational guidelines at Step 5. A person with those mental health limitations alone will not be found disabled at Step 5 in the absence of physical impairments.

That is why I always explore physical issues in mental health claims, even when the client says that the reason they can’t work is their mental health. Their physical limitations can have an oversized effect in proving that they can’t perform other work at Step 5, due the the Medical-Vocational Guidelines, which use physical limitations and age as the primary vocational factors.

For those over the age of 55, that means a limitations to Light exertional work will direct a finding of “disabled.” The limitation to “simple tasks” due to mental health symptoms plays a role here as well, because a limitations to simple tasks precludes the transfer of acquired job skills. That combination of impairments is a winning combination for those over 55.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

Read more about Gordon GatesEmailGordon's Linkedin ProfileGordon's Twitter Profile
Show more Show less
  • Posted in:
    Financial
  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo