Tuesday, August 21, 2018

DISABLED yet DENIED? IT'S POSSIBLE!

Do you know you can be disabled and still be denied benefits?  It happens all the time.

It isn't enough to know you are disabled.  You must prove that you are disabled.

One of my associates often says, "It doesn't matter what you or I say.  It only matters what the doctor says."

Social Security has a long list of rules a person must meet to get disability benefits.  A claim must carefully conform to those rules or no benefits will be paid.

Medical evidence is indeed the focus of all claims.  Your doctor's records must clearly indicate:
  • What your impairments are
  • How severe your symptoms are
  • What medical treatment has been tried
  • How your condition limits your ability to function in the workplace.
For example, it isn't sufficient to state that a patient has headaches.  We must know how frequently they occur. How long do they last? What medication or therapy has been tried?  How do the headaches restrict the ability to function on a day to day basis?  Would the headaches cause the individual to be off task on a job?  Would they require absences, and if so, how many days per month would absences occur?

A lot of times we have to go back to the doctor to get additional details.  The medical records are a good starting point but we need more.  We try to enlist the help of the claimant's physician to make the case stronger and to meet all of Social Security's rules and regulations.

It's also vital to consider the claimant's age, level of education, types of past work (and acquired skills).  If the claimant is age 50 or over he/she may meet a grid rule in which these factors direct a finding of disabled.

A skilled advocate has a number of tools available to build a strong disability case.  By checking off the technical rules and requirements, he or she can greatly increase the probability of a favorable decision.  It isn't enough to know you are disabled; you need to know how to prove it.  If you can do so a disability check may be coming your way soon!
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Charles W. Forsythe
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US (256) 799-0297

LEARN MORE ABOUT THE FORSYTHE FIRM

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