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JULY 2025 Kunkel Case Files 724-438-3020 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com The 5 Steps to Proving Social Security Disability
PART 3
In my experience, most Social Security Disability cases are won or lost at step five of the sequential analysis. Suppose your impairments do not meet a listing, and you are not capable of performing past relevant work. In that case, Social Security must then determine whether you can adjust to other work that exists in significant numbers in the national economy, taking into consideration your remaining functional capacity, age, education, and work experience. Social Security refers to your remaining work capacity as your “residual functional capacity” or “RFC,” which it defines as “what an individual can still do despite his or her limitations.” According to Social Security, RFC is your maximum remaining ability to perform sustained work activities in an ordinary work setting on a regular and continuing basis, which means working eight hours a day for five days a week. The RFC assessment must be based solely on your medically determinable mental and/or physical impairments. The RFC is typically expressed in terms of your maximum ability to perform work activities at a certain exertional level, such as sedentary, light, or medium work. In essence, the RFC assessment measures the functional limitations that hinder your ability to perform work-related activities on a sustained basis. Thus, in most cases, the fact that you are diagnosed with a specific condition is not sufficient to establish that you cannot perform work activity on a sustained basis. Instead, Social Security is looking for evidence documenting the severity of your impairments and medical evidence establishing that your physical or mental impairment affects your ability to perform daily activities. For physical
impairments, for example, Social Security looks for medical evidence documenting your ability to walk, stand, bend, lift, and so forth. For mental impairments, Social Security considers evidence of how your mental impairments affect your ability to concentrate, stay on task, understand and follow instructions, handle stress, and relate to supervisors and coworkers. Most physicians and other health care providers rarely document their opinions about a patient’s functional limitations in their treatment records. Instead, physicians and other health care providers typically document their examination findings, diagnosis, and treatment plans in their notes. As a result, it is critically important to review the treatment records of treating health care providers and, if necessary, obtain statements from your treating health care providers documenting your functional limitations. At a hearing, the Administrative Law Judge (ALJ) will typically call a vocational expert as a witness to testify to your ability to perform other jobs in the national economy. The ALJ will typically pose hypothetical questions to the vocational expert, asking them to consider a hypothetical individual of your age and vocational background who has physical and/or mental limitations on their ability to perform a full range of work. The ALJs will often ask several questions, adding or subtracting various limitations such as the amount of time the person can stand, sit, or walk, or the number of breaks they may need during a work day due to their impairments.
with a finding that you are disabled. The Social Security regulations state otherwise. Specifically, they state: “We will determine that you are not disabled if your residual functional capacity and vocational abilities make it possible for you to do work which exists in the national economy, but you remain unemployed because of: 1. Your inability to get work; 2. Lack of work in your local area; 3. The hiring practices of employers; 4. Technological changes in the industry in which you have worked; 5. Cyclical economic conditions; 6. No job openings for you; 7. You would not actually be hired to do work you could otherwise do; or 8. You do not wish to do a particular type of work.” Therefore, it is important to remember throughout the application process that it does not matter whether an employer will hire you for the purpose of a Social Security disability determination. Rather, Social Security only looks at whether you can perform jobs in the national economy. In the next issue, I will address the Medical- Vocational Rules, known as the “Grid” rules, and how they can make it easier for individuals over 50 to be awarded benefits. In the meantime, if you or a loved one has questions about applying for Social Security
Disability, please contact my office to schedule a free, no-obligation consultation about your case.
When presenting your case to Social Security, do not fall into the trap of believing Social Security will equate your inability to find other work
–Greg Kunkel
www.KunkelLawFirm.com • 1 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
The Unexpected Discoveries of Everyday Items When Serendipity Leads to Innovation
Looking around your house, you’ll spot countless inventions you couldn’t imagine living without, from your television to the refrigerator. We like to imagine the inventors behind these ideas were intentional with their actions, but that’s not always the case. Sometimes, the latest and greatest discoveries occur by happenstance.
As other alternatives gained popularity, Kutol Products saw their sales fall. A Kutol employee’s sister-in-law thought the product would be great for modeling. After testing it with kids, she found they loved molding it into various shapes. Thus, Play-Doh was born, saving a floundering company on the verge of bankruptcy. The Microwave In 1945, Percy Spencer, a self-taught engineer, was leading a radar project when he discovered a chocolate bar in his pocket had melted while testing a piece of equipment called a magnetron. Wanting to see if he could reproduce the same results, Spencer placed some popcorn kernels near the equipment. Within seconds, the popcorn popped. He tested it once more with an egg before confirming his findings. Understanding
that the magnetron cooked food quickly, he crafted a metal box around the device, creating the first microwave oven. Potato Chips Many Americans eat potato chips daily, but most don’t realize they’re simply an accidental product of spite. In the 1850s, George Crum was a chef at Moon’s Lake House in Saratoga Springs, New York. On one fateful day, shipping and railroad baron Cornelius Vanderbilt stopped in for a bite. He quickly complained that his french fries were too thick and soggy. Crum disagreed with Vanderbilt, but he remade the french fries — slicing the potatoes very thin and frying them until they were crispy and golden brown. Vanderbilt loved the new creation. Potato chips became Moon’s Lake House’s specialty until Crum opened his own restaurant. The rest is history!
The proof? Three everyday items that are nothing more than happy accidents!
Play-Doh Before gas and electric heating became commonplace in homes nationwide, many people used coal to stay warm. Unfortunately, this left the walls covered in soot. Kutol Products produced a soft, pliable compound that acted as a wallpaper cleaner to counter this.
Was Singapore’s Gum Ban the Right Move? CHEW ON THIS
Have you ever walked through a parking lot and stepped on gum, causing your foot to stick to the pavement with every step? Or have you felt somebody’s disgusting, chewed gum on the underside of a table at a restaurant? Experiencing one of these situations is enough to make you wish gum were outlawed. While chewing gum will likely always be legal in the States, there is one country where you’d have difficulty finding a single citizen chewing gum. In 1992, Singapore officially banned the sale, importation, and manufacturing of chewing gum. To understand the reasoning behind the chewing gum ban, you need to go back to the mid-1960s. Singapore had just gained its independence and was trying to find a way to establish itself on the world stage. Lee Kuan Yew, the country’s first prime minister, designed a plan to make Singapore a “first-world oasis in a third-world region.” The country quickly became known for its cleanliness, but chewing gum remained a problem. While some argued that chewing gum stuck to the pavement outside a business might mean a new burst of creativity was taking hold, Lee Kuan Yew felt differently. He stated, “Putting chewing gum on our subway train doors so they don’t open, I don’t call that creativity. I call that mischief-making.” He had a good point. The Housing and Development Board reportedly
spent $150,000 in Singapore dollars each year solely to clean up gum litter. Furthermore, there were countless reports of vandals sticking chewing gum on the door sensors of trains, disrupting their services. While citizens were divided over the chewing gum ban, it proved effective. In February 1993, there were only two chewing gum litter cases per day, as opposed to the 525 daily cases before the ban. While the ban remains in effect today, Singapore’s government partially lifted it in 2004 to allow dentists and pharmacists to prescribe and sell therapeutic gum such as nicotine gum. Even so, you shouldn’t expect to see many people walking around Singapore chewing gum and blowing bubbles!
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
TAKE A BREAK
Growing up with a sibling can be a magical experience. You have someone to share your experiences with who will always be there if you need someone to lean on or talk to. However, sibling relationships have their fair share of disagreements, fights, and arguments, which can develop into sibling rivalry. There’s a reason why sibling rivalries are infamous. Most people grow out of it by the time they reach adulthood, but knowing this doesn’t necessarily make things much easier for parents. Trying to navigate the complexities of a sibling rivalry can be overwhelming, especially if you’re juggling other responsibilities. The truth is that you cannot dismantle a sibling rivalry quickly once it has formed. Getting your kids to see each other from a different perspective will take time and effort. You’ll need to make some adjustments. If you notice your kids are beginning to argue, you can’t rush in and join the fight. Stay calm and collected when intervening to ensure the situation does not escalate. One of the biggest mistakes parents can make is comparing their children to each other. Teddy Roosevelt once said, “Comparison is the thief of joy.” This becomes even truer when children are involved. Your kids are their own individuals, and they will likely have different goals, passions, and interests from one another. Celebrate their individuality and help them explore their interests. You should also encourage your other children to celebrate their siblings whenever they accomplish something because it creates a much more cooperative environment. Another important action you should take when involving yourself in a sibling dispute is to listen. You might not witness the events that led to the fight or disagreement, and your main goal is not to figure out which child is to blame or in the wrong. Instead, sit down with them and have them talk through their feelings. Listen intently to everything they say and be completely impartial whenever you need to say something. If you need to respond with punishment, do so privately. You don’t need to make it a spectacle. Rivalry, Resolved Help Your Kids Grow From Foes to Friends
Chocolate-Covered Banana Brownies Inspired by OMGChocolateDesserts.com
Ingredients
Banana Brownies • 1/2 cup unsalted butter, melted • 1/3 cup light brown sugar • 1/2 cup sugar
• 1/2 cup mashed banana • 1 cup flour Chocolate Topping • 12 oz semi-sweet baking chocolate, chopped • 1 cup heavy cream • 3/4 cup creamy peanut butter • 3–4 large bananas
• 1/4 tsp salt • 1 large egg • 1 1/2 tsp vanilla
Directions 1. Preheat oven to 350 F. Grease an 8x8-inch pan with cooking spray. 2. In a bowl, whisk together melted butter, brown sugar, sugar, and salt. Add egg and vanilla and whisk. Add mashed banana and whisk, then whisk in flour. 3. Pour the batter into the prepared pan and bake for 25 minutes, or until the center has set. 4. Place chopped chocolate in a heatproof bowl. 5. Bring heavy cream to a boil, pour over chocolate, let it sit for 1–2 minutes, then stir until chocolate is completely melted. Stir in peanut butter until smooth. 6. Slice bananas and arrange over cooled brownies. 7. Pour chocolate mixture over bananas and place in the fridge for 15 minutes before serving.
Siblings should be friends, not rivals, and you can help them build their relationship through your actions.
www.KunkelLawFirm.com • 3 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Kunkel Law Firm 724-438-3020
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INSIDE THIS ISSUE
1 2 3 4
The Final Step of Proving Social Security Disability
The Accidental Origins of Everyday Products
Singapore’s Bold Move for a Cleaner Future
Chocolate-Covered Banana Brownies
Turn Sibling Rivalries Into Sibling Alliances
Kanye West Faces Legal Trouble Over ‘Blindside’ Sample
Published by Newsletter Pro • www.NewsletterPro.com
KANYE WEST’S CONTROVERSIAL SAMPLING German Artist Sues Over Unauthorized Track Use
Kanye West is no stranger to controversy. Many probably remember the iconic moment at the 2009 MTV Video Music Awards, when the rapper interrupted Taylor Swift’s acceptance speech for Best Female Video to claim that Beyoncé deserved the award. West’s behavior has only become more erratic and controversial in recent years. This past February, West was dropped by his talent agency after making countless anti-Semitic remarks on social media. His Yeezy website was also shut down after he sold a swastika T-shirt that violated Shopify’s terms. Now, the rapper behind “Stronger” and “All of the Lights” faces a new lawsuit. This past March, German artist Alice Merton and two German corporations filed a lawsuit against West for “unauthorized commercial exploitation” of the musical composition “Blindside.” In 2022, Merton released her track, “Blindside,” which West sampled
to request approval to use the track, but Merton quickly denied the request. When asked for a reason, Merton’s legal team stated, “Alice Merton was unwilling to compromise her personal beliefs and wanted not to be associated with [West] in any manner. Of significant concern to plaintiff Merton were defendant [West’s] antisemitic, racist remarks, which were made publicly and continue to be made publicly.” Merton is a German resident and a descendant of Holocaust survivors. If you thought West’s putatively illegal sampling was bad enough, some of his fans took it to another level. After the song was left off the “Vultures” album, West’s fans started sending death threats to Merton. West has done nothing to stop his faithful legions from harassing Merton. The plaintiffs are seeking a jury trial to determine relief and damages.
without authorization for his track “Gun to My Head.” The public first became aware of the sampling in December 2023 when he debuted the song at an event in Miami. As it became more well-known that West sampled “Blindside,” he and his record label finally approached Merton
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
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