As I have discussed extensively on this blog and on my web sites, the ultimate question in any Social Security disability case boils down to this – would you be able to perform reliably a simple, entry-level job 8 hours a day, 5 days a week?

This question concerns itself with your capacity to perform work or work-like activities.  Other factors like the job prospects in your town, your transportation issues, etc. are not relevant.  As I tell my clients – imagine that a chaueffer driven limo will pick you up each morning and take you home each night – can you reliably fulfill the demands of an entry level job?

Far too often, disability claimants hurt their chances greatly by giving the "wrong" answer to this ultimate question.   In a future post I'll print out some examples of "good" answers to this question but today I want to focus on the wrong way to answer.

My colleague, Dallas disability attorney Stan Denman has graciously allowed me to reprint his take on this topic, which I think should be essential reading for all disability claimants and their lawyers.   As a claimant you must take the time to understand how the disability process works and what the judge needs to hear.   If you get the answer to this "ultimate" question wrong, you will not be approved.

Here are Stan's Five "Case Killers," in no particular order:

Top Five Bad Answers to Question: WHY CAN'T YOU WORK?

In no particular order of "badness", here are the top five"case killing" responses to the Administrative Law Judge Question: "Why can't you work?"

2. "My long-term disability insurance company told me to file for social security disability"

This can be an easy mistake to make. Again, the ALJ wantsto know why you think you cannot work. Most long-term disability carriers require those that are on claim for long-term disability benefits to file for social security disability, because the insurance company can reduce the monthly benefit they pay in the amount of the social security disability benefit. So it is true that most LTD recepients may file at the suggestion of their insurance company. But this answer makes you look like the insurance company is leading you around by the nose, motivated not by a belief that you are in fact disabled but rather simply going along with the insurance company. Read more on The WRONG Answers to the Question: "Why Can't You Work"…

As a large federal bureaucracy, the Social Security Administration has a dizzying array of procedures and forms that it uses to process disability cases.   Social Security procedure manuals require disability adjudicators and judges to use something called a "sequential evaluation process" to evaluate every disability case.   In case you are interested, the five steps of the process are as follows:

Read more on What "Theories of Disability" Work to Win Cases?…

Back in January, I answered a question from a blog reader about Social Security disability credits.  That reader wondered why Social Security had advised her that she had "run out of credits."

Read more on What is my "Date Last Insured?"…

I read an interesting article on the BBC News feed that spoke about a link between diabetes complications and a Vitamin B-1 (thiamine) deficiency.   According to the article, diabetics expel Vitamin B-1 from their bodies at a rate 15 times that of non-diabetics.  Thiamine apparently helps ward off common diabetic complications such as heart disease and eye problems.

Read more on Free, Personalized Health Information Available on the Internet…

I recently ran across a very useful disability blog called "Disability Doc," published by a medical doctor named Keith Holden.  Dr. Holden has extensive experience in the Social Security world, having been involved in training State Agency adjudicators and consultants.

Read more on Recommended Blog: Disability Doc…