George Piemonte, NOSSCR 11th Circuit Board Representative

Last time, I promised to start reviewing some of my favorite limitations and offer suggestions for proving them. We are going to start with a limited ability to respond to supervision.

Physical or mental impairments can cause an inability to take supervision. Pain and depression can cause irritability. SSR 85-15 says in part, “The basic mental demands of competitive, remunerative, unskilled work includes the abilities (on a sustained basis)….to respond appropriately to supervision, coworkers, and usual work situations….” In POMS DI 25020.010(B)(2)(c), one of the mental abilities needed to perform any job is “The ability to accept instructions and respond appropriately to criticism from supervisors.”

Documenting all behaviors, even those that may not be tolerated—for instance, cussing out a supervisor or physical attacks—is essential. If the supervisor is trying to instruct the worker or criticize their work performance and the worker runs away crying or tells the supervisor off or that they cannot deal with them at that time, that is not likely going to be tolerated.

You can prove this type of behavior through the claimant’s testimony. Get specific on how they react to things like stress and/or criticism. A medical source statement from a doctor or therapist can also provide the needed proof. Also, try to get lay statements from family, friends, and prior supervisors/coworkers to prove angry outbursts, crying spells, running away, etc.

Proving an inability to respond appropriately to supervisors is not just a way but an excellent way to establish disability. The above suggestions are just some of the ways to prove it. Be creative in finding ways to paint the picture of what it would be like for your claimant when trying to be supervised.

This is a guest column. The views expressed in this column are the views of the author alone, and do not represent the views of NOSSCR, NOSSCR’s leadership, or NOSSCR’s staff.