The 3 most important keys in winning a Social Security disability claim are
1. Documentation
2. Documentation
3. Documentation
Everything must be documented, and from acceptable medical sources. You may read on the internet (or read in the newspaper or hear on TV ) that all you have to do is claim pain or back problems or depression and you're in the money. Baloney!
Take it from someone who has attended thousands of disability hearings. If your medical complaints are not well documented by objective medical evidence, and from accepted medical sources, your claim is going under--fast.
You need to go one step beyond objective medical evidence. Beyond X-rays, MRIs, CAT scans--you need your doctor's opinion about how your symptoms limit your ability to function. How long can you sit and stand? How far can you walk? How much can you lift on a consistent basis? How many days per month would you likely be absent because of your symptoms? What are your specific limitations on bending, kneeling, crouching, crawling, handling, reaching, using stairs, understanding simple instructions, or responding appropriately to co-workers or supervisors?
An experienced representative will know what documentation you need and how to get it. He or she will analyze each medical document, apply grid rules, determine whether you meet a Listing, etc. One of the representative's jobs is to determine what type of documentation you need and set about to get it. Then, he/she will use that documentation to make an effective argument that you meet specific regulations regarding disability.
Aside from the medical issues, there are vocational issues that must be documented. At the hearing, Social Security will call a vocational expert to give testimony about your past work and also about other work that exists in the US economy. Your representative must be prepared to question this vocational expert and handle any testimony that can hurt your case.
Go to your hearing prepared. That probably means taking an experienced representative or advocate with you--one who understands the requirements and regulations, and one who knows how to document the evidence properly.
Expecting a favorable outcome by luck or chance is like hoping for an unabridged dictionary to come out of an explosion at the printing shop. It rarely happens. A favorable decision has to be planned and documented.
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
Saturday, April 30, 2016
Sunday, April 3, 2016
5 THINGS THAT WILL GET YOU APPROVED FOR DISABILITY
The following 5 items can get you approved for Social Security disability benefits.
1) Admissible objective evidence from acceptable medical sources.
2) Admissible opinion evidence from acceptable medical sources.
3) Elimination of past relevant jobs from your most recent 15 years of employment history.
4) Elimination of other jobs that exist in the national work force.
5) Proper application of Medical-Vocational Guidelines (Grid Rules) under 20 CFR 404, Subpart P, Appendix II.
The Social Security disability process is a complex maze of legal, medical, procedural and vocational issues. Getting the proper professional assistance to navigate these treacherous waters can make a huge difference in the outcome of your case.
1) Admissible objective evidence from acceptable medical sources.
2) Admissible opinion evidence from acceptable medical sources.
3) Elimination of past relevant jobs from your most recent 15 years of employment history.
4) Elimination of other jobs that exist in the national work force.
5) Proper application of Medical-Vocational Guidelines (Grid Rules) under 20 CFR 404, Subpart P, Appendix II.
The Social Security disability process is a complex maze of legal, medical, procedural and vocational issues. Getting the proper professional assistance to navigate these treacherous waters can make a huge difference in the outcome of your case.
FULLY FAVORABLE VS. PARTIALLY FAVORABLE DECISIONS
After you attend a Social Security disability appeal hearing, the judge may issue one of 3 possible decisions:
1). Fully Favorable - You get everything you asked for, including pay back to the alleged onset date (the date you claim to have first become disabled).
2) Partially Favorable - You get current monthly benefits, but lose some or all of your back pay because the judge finds you to have become disabled later than you allege in your original application.
3) Unfavorable - The judge finds that you were never disabled according to the Social Security Act and you get no benefit at all.
It is the "Partially Favorable" decision that confuses folks the most often. There is no such thing as a "partial disability" under Social Security. You are either fully disabled or not disabled at all--nothing in between.
So a "partially favorable" decision refers to the decision, not to the disability. As explained above, some aspect of the decision was not as favorable to you as it could have been. Usually, this means the date you became disabled is determined to have been later than you claim. This causes you to receive less "back pay" than you would have if you had been determined to have become disabled at an earlier date.
For example, Mr. Alpha alleges that he became disabled on July 1, 2012 and he wants to collect disability payments back to that date. However, the judge finds that Mr. Alpha did not actually become disabled until January 1, 2015. Mr. Alpha is fully disabled, but only back to January 2015, not July of 2012. Therefore, he will be paid back to January of 2015, not back to July of 2012. So his decision is "partially favorable." This does not affect the amount of his monthly disability payment, only the number of months he will be paid retroactive benefits.
Again, there is no partial disability with Social Security.
1). Fully Favorable - You get everything you asked for, including pay back to the alleged onset date (the date you claim to have first become disabled).
2) Partially Favorable - You get current monthly benefits, but lose some or all of your back pay because the judge finds you to have become disabled later than you allege in your original application.
3) Unfavorable - The judge finds that you were never disabled according to the Social Security Act and you get no benefit at all.
It is the "Partially Favorable" decision that confuses folks the most often. There is no such thing as a "partial disability" under Social Security. You are either fully disabled or not disabled at all--nothing in between.
So a "partially favorable" decision refers to the decision, not to the disability. As explained above, some aspect of the decision was not as favorable to you as it could have been. Usually, this means the date you became disabled is determined to have been later than you claim. This causes you to receive less "back pay" than you would have if you had been determined to have become disabled at an earlier date.
For example, Mr. Alpha alleges that he became disabled on July 1, 2012 and he wants to collect disability payments back to that date. However, the judge finds that Mr. Alpha did not actually become disabled until January 1, 2015. Mr. Alpha is fully disabled, but only back to January 2015, not July of 2012. Therefore, he will be paid back to January of 2015, not back to July of 2012. So his decision is "partially favorable." This does not affect the amount of his monthly disability payment, only the number of months he will be paid retroactive benefits.
Again, there is no partial disability with Social Security.
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