Can Social Security Deny Disability Benefits If I Can Perform Household Chores?

 Posted on December 16, 2015 in Denied Social Security Benefits

One excuse officials offer when denying Social Security Disability insurance benefits is the fact an applicant, in spite of a demonstrated and severe medical impairment, may continue to perform certain “daily activities,” such as cooking or household chores. Social Security may claim this proves the applicant is capable of working outside the home and therefore not genuinely disabled. But as the U.S. Seventh Circuit Court of Appeals, whose decisions govern all Social Security disability claims raised in Chicago and throughout Illinois, has said, there are “critical differences between activities of daily living and activities in a full-time job.” When performing the former, a disabled person “is not held to a minimum standard of performance, as she would be by an employer.”

But while the Seventh Circuit has made it clear Social Security cannot deny disability benefits solely because the applicant can perform “daily activities,” the agency may still consider it as a factor. A recent Seventh Circuit decision offers an illustration. In this case, a 34-year-old woman applied for Social Security disability benefits, citing “painful bladder syndrome,” bipolar disorder, and attention-deficit disorder. As a result of these impairments, the applicant complained of “severe” pain and the need to frequently use the restroom. Before a Social Security administrative law judge (ALJ), she testified “her need to urinate frequently made holding a job difficult, and that the stress of working exacerbated her symptoms.”

The ALJ did not believe the applicant's testimony, however, and denied her disability claim. Among other reasons, the ALJ cited the applicant's ability to perform daily activities—specifically, “reading, playing video games, watching television, sewing, and handling money”—proved she was “exaggerating her symptoms” and likely could work. The applicant appealed the ALJ's decision in federal court.

The Seventh Circuit agreed with the applicant the “ALJ did not provide a valid explanation for discrediting her based on the extent of her daily activities.” The court once again reminded Social Security it could not equate “sporadic household chores, such as sweeping and mopping, and leisure activities, like watching television and playing video games, with full-time employment.” And it was the ALJ, not the applicant, who was exaggerating. The court noted the applicant testified there were many days when “she does not even leave her room,” which obviously would make full-time employment impossible.

All that said, the Seventh Circuit nevertheless upheld Social Security's decision to deny the applicant benefits. Had the ALJ exclusively relied on his erroneous assessment of the applicant's “daily activities,” she would be entitled to a new hearing. But the court said “the ALJ based his credibility finding on several [other] factors,” none of which the applicant challenged on appeal for some reason. The court was therefore concluded there was “substantial evidence” supporting Social Security's decision.

Get Help from a Disability Lawyer

While the applicant in the above appeal did not succeed, her case still provides an important lesson. It is important to challenge any erroneous finding by Social Security which prevents you from receiving disability benefits. If you need help from an experienced Chicago Social Security Disability attorney, contact Pearson Disability Law, LLC, right away.

Source:

http://www.leagle.com/decision/In%20FCO%2020151120167/VANOVER%20v.%20COLVIN