JUDGES MUST SEE SOCIAL SECURITY AS YOUR LAST RESORT

Since 2010, Social Security has been trying to slow down the number of people getting on disability benefits.  We have seen approval rates in hearings drop from 62% in 2010 to 42% in 2016.

An administrative law judge will approve your Social Security benefits only if he or she believes that your working career has been terminated by a disabling condition and disability is the last resort.

PROS  (It Helps the Case If...)
  • There is a steady work history in 1 or 2 jobs for years.
  • You have tried easier work and weren't able to do it.
  • Your doctor has told you to stop working.
  • There is no history of drug or alcohol abuse
CONS (It May the Case Hurt if...)
  • There has been little work history 
  • You can't show that you've tried to stay in the workforce
  • Your doctor won't get involved, won't say anything
  • There's a recent history of substance abuse
  •  You are not working for some reason besides a physical and/or mental disability (going to school, can't find a job, taking care of your children, etc.).
We must give the judge good medical record and complete work history records.  In addition, we need to show how your medical condition affects the ability to function in the work environment.  Doctors' records usually confine themselves to medical conditions, not how your ability to work is limited.  I always try to get some written testimony from the doctors about how my client's ability to perform work activities is restricted by each medical condition.

We also go looking for evidence from other sources, such as a statement from a co-worker or former employer.  Sometimes, school records can be useful.

In the end, here's the picture the judge needs to see:  This is a hard working person who has done everything possible to stay at work but is now at the end of the vocational line; disability is the last resort.  If we can honestly make that case, your benefits can be approved.

 

Comments

  1. Charles W. ForsytheMarch 10, 2017 at 1:23 PM

    Preparing all the evidence needed to paint this picture is a costly and time consuming effort. It's more complicated than ordering some medical records and telling the judge a good story. Judges are bound by federal regulations, and the case must be proven. I'm working on a case right now that involves over 1,200 pages of medical records, plus medical source statements, letters from former employers and other evidence. It took months go gather all this evidence. Social Security disability is no longer an easy row to hoe.

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