What is Loss of Function?
People are disabled, for SSA purposes, when they lose function.
Loss of function is a key component of the Social Security Administration’s definition of disabled. Basically, according to the SSA, people are disabled if they have medical conditions that prevent them from working, and those conditions are either fatal or expected to last at least a year. So, the loss of function must be so significant that it constantly impairs a work-related function, such as sitting, standing, remembering, or concentrating.
SSD benefits, like monthly cash and Medicaid eligibility, are life changing in many ways. But the SSA system is stacked against applicants. Initial denials and low-ball settlement offers are par for the course. A partnership with a Tampa Social Security Disability lawyer is certainly an investment, but it’s an investment that always pays off. The average attorney-guided settlement is over three times higher than the average non-attorney-guided settlement.
Initial Determinations
Loss of function is primarily, but not exclusively, a medical issue. Therefore, medical evidence is usually the most compelling evidence of disability.
When a Tampa Social Security Disability lawyer files a petition, the SSA typically schedules a medical examination. This examination often provides the evidence necessary to support the claim and obtain maximum benefits. But that is not always the case.
The onset date is often an issue in these situations. Most people only file SSD applications as a last resort. They keep working even after they’re technically disabled.
Assume Tom is in a serious car crash in March 2024. The head trauma he suffered reduced his ability to concentrate. He bounces from job to job for twelve months before filing a disability application in March 2025.
Under these facts, his disability onset date was most likely March 2024. As a result, he could be entitled to significant back pay, in addition to current and future benefits.
Inexperienced SSA doctors often do not understand this distinction. They believe that the filing date is always the onset date.
Speaking of inexperienced doctors, the flood of new cases, and a limited budget, often forces SSA regional offices to work with contract doctors who, in many cases, are fresh out of med school. Such doctors may be unable to properly determine the nature and extent of a disability, especially a non-physical disability, like anxiety or PTSD.
This point leads us to the final point in this area, which is the need for non-medical evidence. Tom’s wife probably cannot testify about the medical aspects of her husband’s disability. But she can testify about how his bad knee affects him on a daily basis.
Annual Reviews
A few final words about annual reviews. If the medical condition is not fatal, loss of function is usually an ongoing determination. Typically, the SSA schedules annual reviews to determine if the applicant is still legally disabled.
As mentioned, “disability” is not just a medical issue. The D-word also has educational and vocational dimensions. At a review, Tom’s improved condition might allow him to sit behind a desk all day. But if Tom only has a high school diploma, he is probably not qualified for a desk job.
On a related note, new drugs may be available for Tom’s condition. But if he is allergic to these drugs or the side-effects are too strong, they might as well not exist.
Count on an Experienced Pasco County SSD Lawyer
Victims need and deserve compensation for their serious injuries. For a confidential consultation with an experienced Social Security Disability lawyer in New Port Richey, contact the Rooth Law Firm. We routinely handle matters throughout the Sunshine State.