Author: David A. Morton III, M.D.
If you have found yourself no longer able to work due to chronic illness, it is likely that you have had to either apply for disability benefits, via Social Security, or at least consider doing so. The various stages in the process and the question of whether you qualify for federal or state funds or both, can be quite confusing. What is meant by a “severe” impairment? And what do you do if you apply, but are denied benefits?

Luckily, a book exists that explains all aspects of Social Security disability in plain English. “Nolo’s Guide to Social Security Disability” details; the different types of benefits, how to apply for them, how to keep them once you get them, what happens if you return to work, and exactly how Social Security determines whether you are disabled. It covers both the medical and legal aspects of disability from Social Security’s point of view. And it breaks down the “Blue Book” or Listing of Impairments, so that you can more easily figure out if your particular impairment meets their definition of disabling.
The book can be used a few different ways. If you are a novice when it comes to Social Security, you can read through the first 15 chapters sequentially to get a thorough understanding of the process from start to finish. Or if you have started the process but have specific questions, you can simply turn to the chapter that applies.
Chapters 16-29 cover Social Security’s impairment listings and are meant to be used for reference. For instance, if you have lupus, you would turn to the section on immune system disorders and compare the severity of your illness to what Social Security considers disabling in a person with lupus.
“Nolo’s Guide” begins by detailing the difference between SSI and SSDI, listing the requirements for each, and providing a chart for comparison. It goes into detail as to how Social Security defines disability and explaining the commonly used terms “Substantial Gainful Activity” and “Medically Determinable Impairment”. It also has an FAQ section.
Chapter 2 covers the application process. It gives suggestions on;what to gather in advance, Social Security’s specific requirements, what types of doctors are considered acceptable treating practitioners, how other types of disability payments may affect your Social Security benefits, and details about medical records. It provides samples of filled out disability forms for both SSDI and SSI to be used as a guide. The book explains what is meant by “Activities of Daily Living” and “Alleged Onset Date”, what observations may be made about you when you apply in person, and what exactly happens to your application once it is submitted. Consultative examiners and medical experts and their roles are defined. The chapter ends with Social Security’s position on fraud.
Can you get some sort of benefit while your SSDI application is being processed? “Nolo’s Guide” tells you about “presumptive disability”. How do you prove you are disabled? The guide outlines the factors
involved. Who decides if you are disabled, and how do they do it? This book tells you both the requirements and the stages of the determination process.
Chapter 8 goes into detail about “Residual Functional Capacity” and how it is used to determine whether you are disabled. RFCs can be physical, mental, or you may have both types of impairment simultaneously. The book explains what is meant by heavy, medium, light, sedentary and less than sedentary work. Physical RFCs take
into consideration your ability to lift, carry, push, pull, bend, balance, climb, kneel, crouch, crawl, reach, use your hands for precise manipulations, your vision, hearing, ability to communicate and whether your ability to work in certain environments is limited. Mental RFCs include understanding, memory, sustained concentration,
social interaction and ability to adapt. This chapter does a good job explaining why, even though you have limitations, they might not be considered by Social Security to be disabling.
Other important topics covered in “Nolo’s Guide” include Social Security’s views on age, education and work experience. For example, did you know that a person over the age of 55 is more likely to be granted SSDI than someone younger? And the more highly educated you are, the more likely it is that Social Security will decide that you can still do some sort of work. Social Security will also look at all work you have done in the past 15 years and consider whether you could return to something compatible with your current limitations. The guide also explains how Social Security decides when your benefits should begin.
Chapters 11 and 12 will be of great interest to many, as they explain why you might be denied benefits and what your options are if your claim is denied. For example, you will not qualify for SSI if you have too many monetary assets, and you will not qualify for SSDI if your disability is expected to last less than a year. Other reasons
for denial are ones that you can avoid as long as you have been cooperative and honest in your filing for benefits. The appeal process is probably one of the most confusing aspects of SSDI as many people think they must reapply rather than appeal, and this may not be an appropriate action for most. Chapter 12 walks you through the
various components of appeals and provides completed sample forms, basic stats, an explanation of your right to qualified representation, what you need to know about appearing before an Administrative Law Judge, and what options you still have if a judge denies you.
What happens after you are approved for Social Security disability? “Nolo’s Guide” examines the “Ticket to Work” program, trial work periods, and what happens to your benefits if you become able to engage in substantial gainful employment. The book also explains “Continuing Disability Reviews”, how often you can expect them, and
how Social Security determines whether your condition has improved enough for you to return to work. If your benefits are terminated, the guide also tells you how to appeal this decision.
This book is not meant to be used in place of a medical doctor or a lawyer. You will likely not be approved for benefits without substantiation in the form of medical records. And while this book does take a lot of the mystery out of appealing denials, there are certain situations where having legal representation can greatly increase the odds of approval. Ultimately, it is up to you to decide whether you are well enough to represent yourself in front of a judge. But this book does a great job of telling you what Social Security is looking for so that you can make wiser choices when it comes to deciding if you need a medical specialist or legal help.
“Nolo’s Guide to Social Security Disability” is indispensable for its explanations of Social Security’s Listing of Impairments. Much of the medical jargon concerning disabling conditions is quite technical, and each chapter of the impairments section contains definitions of commonly used terms. Each of these chapters also lists the general
information about the type of impairment described, Social Security’s specific listings and the Residual Functional Capacity for each. For this section alone, the book is a valuable asset to any library.
No matter where you are in the disability benefit process, chances are the “Nolo’s Guide” has something to teach you. I know I learned a lot when I read it.
Review written by: Karen Brauer, C 2008, butyoudontlooksick.com
Title: Nolo’s Guide to Social Security Disability: Getting & Keeping
Your Benefits, 2nd edition
Author: David A. Morton III, M.D.
Publisher: Nolo
IBSN: 0-87337-914-4