PROVING YOUR DISABILITY (BY SSA RULES)

Before you can receive Social Security disability benefits, you must prove that you are disabled according to Social Security's rules.  There are many aspects in proving the case but here are the essentials:

First, if you have objective medical evidence to prove that you meet a Social Security listing, you can be approved.  Social Security listings are found in 20 CFR 404, Subpart P, Appendix 1.  Symptoms must be very severe to meet a listing and must be verified by medical records.

Second, if you do not meet a listing (most people do not) - you must prove that (a) you cannot perform any of your past relevant work and (b) that you cannot perform any other work which exists in significant numbers in the national, regional or local economy.

That may sound simple but it is not.  The first problem is the word proof.  The proof needs to be objective medical evidence from your doctor(s) or other providers.  Objective evidence is more than just a doctor's opinion:  it includes imaging studies such as MRI, X-ray, CAT scan, or EKG, or laboratory tests, etc.  The doctor certainly may give his/her opinion of your medical condition (and it is helpful is he/she will).  But this alone is not enough.

The second problem is proving severity of your conditions.  It must be proven that your symptoms are so severe that they prevent the ability to work a full-time job of any kind.  This requires the proving of severe exertional or non-exertional limitations.

HOW TO GET SOCIAL SECURITY DISABILITY

Getting Social Security disability benefits depends a great deal on

• your age
• your education
• how severe your impairments are
• your past work history and
• your knowledge of the Social Security disability regulations

Because your case must be proven with medical evidence, it is important to know how what you must prove and how to prove it.  Here are some tips.

1. File a complete and accurate application.  There will be dozens of pages of forms, including the application for benefits, a work history report, a function report, a Disability Report, and others.  Many people skip these forms or do the minimum work possible to save time.  This can get your claim denied.
2.  Be sure to give Social Security a list of all your doctors, hospitals, clinics, pharmacies, psychologists, counselors, etc.  This is the basis of medical evidence and medical evidence is what gets you approved.  Don't skip anyone.
3. Be graphic and detailed in your functional limitations.  By this, we mean any restrictions on sitting, walking, reaching, standing, lifting, pushing/pulling, kneeling, crouching, crawling, concentration (paying attention), etc.  If you have to rest 30 minutes after taking the kids to school, state that in your application.  If you can only stand comfortably for 15 to 20 minutes due to back pain, state that clearly.
4. Be sure to describe all your past work (within the past 15 years) in great detail on the Work History Report.  This form is important because it will be used by Social Security to determine whether you can still perform any of your "past relevant work."  If you can, you will be denied benefits.  So it is very important to estimate how much you did each of the following activities in each past job:  sitting, standing, walking, lifting, stooping, crouching, crawling, kneeling, etc.  For example, if you usually only lifted 10 pounds, but once a month you had to unload a truck and that required lifting 50 pounds, be sure to say so.  It changes everything.
5. Avoid all untruthful statements or exaggerations; however, don't go the opposite way, either.  Don't minimize any of your problems.  For example, if you are very irritable and were once fired because you couldn't get along with a supervisor, say so.  It matters.  Social Security must consider both physical and mental impairments or limitations.
6. If you are not a person who is good with forms and written language, consider having someone help you complete the forms.  Of course, firms like mine will complete them for you, at no cost unless you win benefits.  But a friend, relative or someone in the community who knows you well may be able to help you fill out the forms.
7. Be persistent.  Only about 28 percent of applications are approved at the first level. The odds improve to about 50 percent on appeal.  If you get denied, it's par for the course.  File a request for a hearing and continue to build your medical and legal case.  Most claims fail because the claimant gives up after one denial.  This is a mistake.
8. Don't just file a new claim.  Appeal the old claim.  Filing a new claim over and over gets you denied over and over.  The same people look at the same evidence and make the same decision again, even if it is the wrong decision.  Move your claim up the chain of command and get a judge to review everything fresh and new.  This is what an appeal does.

• Because Social Security disability is a legal process, with complex rules and regulations about who qualifies, we do recommend you consider an attorney or professional advocate to help you.  It costs you nothing unless you win with back pay.  (No fee if you lose).  And we are seeing more and more evidence that unrepresented claimants do not often win their benefits.  Consider getting someone to fight for you.