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Post by nylawyer on Aug 27, 2020 18:47:28 GMT -5
I still maintain that the bigger issue will be claimants with other underlying conditions (asthma) that would have never been disabling in normal times but who now cannot work with supervisor, coworkers, or the general public at all. Once we get to the one year mark, I think we end up with a whole lot of disabled cases for what we would normally consider fairly mild impairments.
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Post by nylawyer on Aug 28, 2020 8:46:52 GMT -5
If the RFC is the most an individual can still do despite his or her impairment-related limitations, of course you could still work around others with asthma in COVID times, it would just be risky. You could literally do it unlike say lifting 50 pounds with significantly reduced upper extremity motor strength. How much risk should the claimant have to take in order to work? That' the question. Why would we limit only those with pre-existing conditions to not working around others in COVID times. Plenty of people without preexisting conditions have died of COVID. You could argue anyone cannot work with supervisors, coworkers, or the general public. Perhaps an RFC could accomodate the pre-existing condition by requiring the claimant to be allowed to wear a mask. Certianly the VE would say basically any job would allow if not encourage or require that. I'm viewing this the way I would (in normal times) someone with SCID who has to be completely isolated. I would say such a person is clearly disabled. Yes, there is risk for everyone, but there is a lot more risk for some than others. Plenty of people are going to work these days, whether they work in the medical field or just in a retail segment that has stayed home. But there are also people who held such jobs who aren't because their drs have told them that becausr of their pre-exisiting conditions they can't risk exposure. And I don't think wearing a mask would be remotely sufficient for such a person. |
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