USING NON-MEDICAL EVIDENCE IN YOUR SOCIAL SECURITY DISABILITY CLAIM

The goal of a Social Security disability claim is to convince the Government that you are not able to work.  The obvious evidence you need is medical evidence:  records from your doctor that show how severe your symptoms are.

But there is always non-medical evidence that enters into your claim, which may help you get approved or weaken your case and turn the direction toward denial.

Claimants often fail to see the advantages of non-medical evidence, or may see certain facts as harmful to their case.  Here are a few examples.

You have changed jobs several times in recent years; therefore, you don't have a long history of just one job.  This can be positive.  If you had to change jobs because you couldn't perform the tasks of your old job, you are merely showing a commitment to keep working.  Getting an easier job, or one with less demanding duties, demonstrates your need to work and your desire to keep working.

You were fired or "let go" from a your most recent job.  This is usually considered negative.  However, in a disability case, it may demonstrate that you were simply no longer able to dependably perform your job.  If you were missing excessive days of work due to your health, it shows that your impairment is severe and interfered with your ability to work consistently.  If your employer had to make accommodations to help you do your job, it shows how your health negatively affects your ability to keep working.  

I recommend that claimants get a written statement from their former employer or supervisor, if possible.  The statement should explain how long you worked for the company and that you were a good employee.  It should go on to state observations your employer made about your work after you became sick.  For example, you began to need extra time to complete job tasks; you had to miss work 3 or 4 days per month for illness; or, your job duties were changed in some way to help you continue working.  The more specific the statement is, the more it will help you.  For example, it is much better to say, "Mr. Employee was missing 3 or 4 days of work per month," than to say, "Mr. Employee sometimes missed work due to illness."  The word "sometimes" is very vague and non-defined.

A good attorney or hearing representative will help you build non-medical evidence.  Since I have stood before administrative law judges in hundreds of hearings, I know which evidence can help your claim.  I can help you obtain this evidence prior to the hearing.  Then, I can use the evidence during the hearing to help get a favorable decision in many cases.

The quest for Social Security disability benefits is difficult, with the average judge awarding (paying) about 42 percent of cases at hearings.  The 42 percent (winners) are generally those who have the best evidence, presented in the best way, by the best representatives.

If you think you may have a Social Security disability claim, please call us for a free consultation.  We will ask you some questions to help analyze your case.  If we represent you, we will help you build a good case using both medical and non-medical evidence.  You will never pay us a fee until your case is settled in your favor.  At that time, the government will approve the fee we have agreed upon and pay us directly.  You will receive 100 percent of your monthly benefits and your past due settlement will be reduced slightly to pay for our legal services.  (The typical fee is 25 percent of past due benefits, not to exceed $6,000).

Example:  Your past due settlement is $24,000.  Our fee is $6,000.  You keep $18,000 plus all your monthly checks.

Example:  Your past due settlement is $80,000.  Our fee is $6,000.  You keep $74,000 and all your monthly checks.

Example:  Your past due settlement is $12,000.  Our fee is $3,000.  You keep $8,000 and all of your monthly benefits.

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The Forsythe Firm
Huntsville, AL
PHONE (256) 799-0297