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Disability is (still) Functionality

By Gordon Gates on December 18, 2024
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On this day in 2008, I published a post on this blog titled “Disability is Functionality.” All these years later, it remains true.

Claimants often are surprised to learn that their disability applications were denied even though their doctors provided a letter stating that their patient is disabled, or their medical records show that they have a severe medical condition. However, disability decisions are primarily based upon an individual’s functional capacity rather than a diagnosis.

To establish disability, a person must establish the functional limitations they experience due their diagnosed conditions, and that those limitations prevent ongoing work. Social Security will not connect the dots between a particular diagnosis and the ability to work. It is the claimant’s burden to prove.

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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.

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  • Posted in:
    Financial
  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

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