Saturday, April 30, 2016

THE ROLE OF DOCUMENTATION IN WINNING A CLAIM

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.



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