TOOL BELT FOR SOCIAL SECURITY DISABILITY CLAIMS


An affective craftsman will always have the proper tools on his tool belt.  The Social Security disability advocate is no different.  He or she must have the proper tools and know how to use them effectively to win your disability case.  Let's talk about a few of the tools that your disability case will require.

Medical Evidence.  This is a record of your treatment from doctors, psychologists, therapists, hospitals, clinics or other providers who have treated or examined you.  It should include a diagnosis, prognosis, level of severity, treatment procedures, dates, etc.  Acceptable medical sources for Social Security are medical doctors and licensed clinical psychologists.  Evidence from other sources may also be used.

Vocational Evidence (VE).  Here is another useful item in our tool belt. Vocational evidence includes your age, level of education or training, skills and work history - especially work you did during the past fifteen years; and evidence of jobs in the national or local economy that you may be able to perform.

Medical Source Statements (MSS).  These are more detailed than general medical records.  In a MSS, a doctor who has examined, and preferably treated, you sets forth specific information about your physical and/or emotional abilities to perform work related activities.  These may include lifting, standing, sitting, bending, reaching, concentration, persistence and pace, memory, or the ability to understand and carry out directions.  Limitations in any area will be quantified (usually as none, moderate, marked, severe or extreme).

Residual Function Capacity (RFC).  This refers to what functions you can still perform, even with the limitations imposed by your medical or mental impairment(s).  The RFC may be on a form submitted by a physician or psychologist or may be composed by Social Security using the medical evidence and MSS in your file.  The more limitations in your ability to function, the more likely you are to be found disabled.

Social Security law.  The effective Social Security disability advocate always has the 20 Code of Federal Regulations, POMS, and HALLEX in his/her tool belt.  These set forth the laws, rules and procedures that Social Security must follow.  This area would also include decisions made by US district courts regarding Social Security disability matters.

These 5 tools are used every day in Social Security's decision making process, both at the application and hearing or appeal levels.  I must mention here that a vast majority of Social Security disability applications will be denied on the first try.  (In Alabama, slightly over 70 percent are denied at the application level).  The key is, do not accept this denial as the final decision.  It is not.  Appeal that decision within 60 days and take your claim to the next level - where the approval rate is much, much higher. That advice would be true in all 50 states and US possessions where Social Security operates.

This article was prepared by the Forsythe Firm in Huntsville, Alabama.


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