IMPROVING THE ODDS FOR SOCIAL SECURITY DISABILITY

In our experience with Social Security disability claims, there are some factors that seem to increase a claimant's odds of being approved for benefits.  Here are some of them:
  • a long, steady employment history;
  • being age 50 or above (though not required to get benefits);
  • failed work attempt(s) after the disability onset, demonstrating the desire to continue working;
  •  proper written statements from one or more treating doctors (not just any statement, the proper statement)
 Doctors may provide 2 types of evidence.  One is objective evidence, the other is opinion evidence.  Most Social Security cases go to trial with only the routine medical records from the doctors.  This can't be relied on to produce an award.  Opinion evidence, on the other hand, provides the doctor's opinion about how the claimant is limited in the ability to perform work activities (sitting, standing, walking, lifting, bending, concentrating, remembering, regular attendance, etc.).  Opinion evidence is a little harder to come by and is sadly lacking in most cases that get denied.  It can make a huge difference.

For instance, it isn't enough to have medical records proving that the claimant has arthritis. The claimant is required to prove that his or her medical condition is severe enough to prevent full-time, remunerative work on a full-time basis. 

We often see useless doctor's statements like this:  "Mr. Charlie Brown has been a patient of mine for 10 years and it is my opinion that he is disabled and cannot work at any job."  The problem with such a pronouncement is that it actually violates the federal regulations.  The conclusion about disability is reserved to the Commissioner of Social Security and doctors may not determine who is disabled (20 CFR 404.1527; 416.927, etc.).

What may properly be stated by a doctor?  The answer is, his or her opinions as to the patient's specific limitations or restrictions.  How long the patient can sit, stand or walk; how much can he/she can lift?  What limitations are there in such things as concentrating, remembering, making decisions, reaching, stooping, kneeling, bending, etc.  How many days per month would the patient be expected to miss work because of a medical impairment?  These are examples of things that are permitted and the doctor's opinion in these specific areas are admissible as evidence (although Social Security is not bound by the doctor's opinion).  But the doctor may not conclude that a person is disabled or make a vague statement like, "He is not able to work."

In Huntsville, the Forsythe Firm has helped hundreds of claimants get Social Security disability payments.  We offer free initial consultations and evaluations without obligation.  We are full service disability advocates and can be involved in every stage of your Social Security disability claim--from application through appeal. We never charge a fee unless you win and receive back pay.

PHONE: (256) 799-0297   WEBSITE:   www.forsythefirm.com



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