Tuesday, December 30, 2014

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.

No comments:

Post a Comment