The vast oil fields of New Mexico’s Permian Basin drive a robust economy, but the work is challenging, physically demanding, and dangerous. For New Mexico residents whose careers were forged on rigs and in the field, a disabling injury or illness can shatter their life and financial security. Many people worry that their previous high-wage, high-demand job in the oil and gas (O&G) sector will hurt their chances of receiving disability benefits.
This is a valid concern, and our legal team at Roeschke Law, LLC, understands your anxiety. Will the Social Security Administration (SSA) see your work history and assume you are still capable of that physically taxing labor? In New Mexico, specifically, can your previous work in the oil and gas industry affect your disability claim? The short answer is yes, it plays a role, but not in the way most people fear. Your previous work is a piece of the puzzle, and a skilled legal team knows how to use this information to build a strong case for you.
Understanding New Mexico’s Disability Landscape
It is crucial first to clarify the two main disability programs we focus on: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Eligibility rules for both programs are federal, set by the SSA. However, the application and appeal process plays out right here in New Mexico, often involving New Mexico residents as vocational experts, medical professionals, and Administrative Law Judges (ALJs).
SSDI provides benefits to you and certain members of your family if you have worked long enough and recently enough and have paid Social Security taxes on your earnings. Your work history, including your time in the O&G industry, is directly relevant to meeting these work credit requirements per the SSA disability requirements.
SSI pays benefits based on financial need, not your work history. Eligibility for this program depends on meeting strict income and asset limits (see SSA disability requirements ).
While New Mexico has other state-specific disability programs, such as the State of New Mexico Disability Program for eligible state employees, the vast majority of private sector workers, including those in the O&G sector, pursue the federal SSDI or SSI programs.
The O&G Work History and Your Residual Functional Capacity
The SSA uses a five-step evaluation process to determine if you qualify as disabled. Steps 4 and 5 are where your oil and gas work history becomes most critical.
The SSA’s Five-Step Evaluation
- Are you working and engaging in substantial gainful activity (SGA)?
- Is your condition severe?
- Does your impairment meet or equal a listing in the SSA’s Blue Book?
- Can you still do your past relevant work (PRW)?
- Can you do any other type of work?
Analyzing Past Relevant Work (PRW)
In Step 4, the SSA directly compares your current physical and mental limitations to the demands of your past jobs, which are likely to include your O&G roles like Roughneck, Pumper, or Crane Operator. The SSA reviews how those jobs are generally performed and then determines your Residual Functional Capacity (RFC).
Your RFC is the most you can still do despite your limitations. If you worked as a drilling supervisor in Hobbs or Carlsbad, the SSA will look at the physical demands of that specific job as you performed it. Many O&G jobs are classified as Medium or Heavy work.
- Medium work involves lifting no more than 50 pounds at a time, with frequent lifting or carrying objects weighing up to 25 pounds.
- Heavy work involves lifting no more than 100 pounds at a time, with frequent lifting or carrying of objects weighing up to 50 pounds (see the SSA Vocational Rules on Work Definitions ).
If your disabling injury prevents you from performing the essential functions of your past oil and gas job, the SSA moves on to Step 5.
The Vocational Challenge in Step 5
Step 5 is where your aggressive legal representation truly matters. Here, the SSA considers your RFC, age, education, and transferable skills to decide if you can perform any other job that exists in the national economy.
An ALJ might hear testimony from a Vocational Expert (VE) who points out that your time on the rigs gave you highly valuable skills in:
- Equipment operation
- Supervision and crew management
- Safety protocol enforcement
- Complex problem-solving
The VE may argue that these skills transfer to lighter-duty desk jobs, like a safety coordinator or equipment logistics clerk. This is the moment your prior O&G work history can aggressively hurt your claim if we do not counter the argument effectively.
The VE’s opinion can make or break a case. We challenge the VE’s assessment of your transferable skills, arguing that your specific limitations, for example, an inability to sit for long periods due to a back injury from a fall on Highway 285 near Artesia, preclude you from these desk jobs, regardless of your past technical skills.
The Impact of Physical and Repetitive Trauma
The strenuous nature of oil and gas work often results in specific, cumulative injuries that may lead to disability. Unlike a single traumatic event, like a worksite fall, the repetitive stress of O&G labor creates long-term health issues.
We frequently see O&G workers struggling with:
- Degenerative joint disease in the knees, hips, and spine from years of heavy lifting and prolonged standing.
- Hearing loss due to constant exposure to loud equipment noise can make concentration impossible for office work.
- Mental health conditions, such as PTSD, anxiety, or depression, are related to high-stress, dangerous work environments and long, isolating shifts.
When we argue your case, we ensure we present comprehensive medical evidence. This is not just a single diagnosis; it is a full picture of how years of physically demanding oil field work contributed to your present inability to work. We must prove that your injury or illness has lasted, or is expected to last, for at least 12 continuous months (see Social Security Administration Disability requirements ).
When Workers’ Compensation Intersects with Your Claim
Many O&G workers who become disabled start with a New Mexico Workers’ Compensation claim. It is important to know that while this system provides benefits for job-related injuries, it is entirely separate from the federal Social Security disability system.
Receiving Workers’ Compensation does not automatically mean you will receive SSDI. It is a good starting point, but the SSA has a much stricter definition of disability. Furthermore, any Workers’ Compensation benefits you receive may reduce the amount of your federal SSDI benefit. This is called an offset.
New Mexico law allows for different types of Workers’ Compensation indemnity benefits, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), and Permanent Partial Disability (PPD). The SSA must account for the structure and amount of these benefits. We aggressively handle the coordination of these benefits to ensure you receive the maximum total amount you are owed under both systems.
We Fight the Assumptions About Your Work
The biggest hurdle for former oil and gas workers is the implicit bias from the SSA. They see your high earnings and the demanding title and sometimes assume you should be able to simply switch to a supervisory role. We aggressively attack this assumption.
We know that a person who can no longer lift a 100-pound valve or navigate a slippery worksite floor in the Permian Basin is a disabled person, regardless of their past salary or job title. We ensure the medical evidence clearly links your current physical or mental impairment to an inability to perform any gainful work, not just your specific O&G job. We gather detailed testimony from you, your family, and your doctors to paint an aggressive, realistic picture of your daily struggles.
Get the Aggressive Advocacy You Deserve
If your past work in the oil and gas industry is now making your disability claim feel like an uphill battle, you do not have to fight the SSA alone. At Roeschke Law, LLC, we understand the specific challenges faced by disabled New Mexico workers, including those from the demanding O&G sector. Our team stands ready to aggressively advocate for the disability benefits you have earned. We are prepared to take on the SSA’s assumptions and fight for your financial security.
We are proud to serve our Spanish-speaking clients, ensuring everyone in the Land of Enchantment has access to aggressive, effective legal representation.
Ready to let us help you take on the SSA? Call us now for a confidential review at 505-407-0072.
