WHAT'S IMPORTANT IN YOUR DISABILITY HEARING (SOCIAL SECURITY)?

There are several important "ingredients" in your Social Security disability hearing--things that will influence your decision (approval/denial).  Here is my list of things, the most important being on top:

1.  Medical Evidence - The law requires objective medical evidence from doctors, hospitals or other treatment providers.  Medical evidence must prove the existence of one or more severe and medically determinable impairments which have lasted at least 12 straight months or are expected to last at least that long OR to end in death.  Without medical evidence, there is no hope of getting Social Security disability benefits.

2.  Your Age.  Persons below age 50 are considered younger individuals.  This is the most difficult age for Social Security because younger individuals do not meet any medical-vocational guidelines or 'grid rules' that help get a favorable decision.  The standard burden for these individuals is to prove that they are not physically and or mentally able to sustain any full-time job which exists in the national economy.  This is the highest burden of all. It gets a little easier at ages 50-54, and easier yet at age 55.

3.  Past Relevant Work.  Social Security looks at all the full-time jobs you have held in the past 15 years.  The crucial question is:  "Are you able to perform any of your past relevant jobs?"  If the answer is yes, you will be denied. For example, you are 48 years old and you held a full-time job in 2007 as an office manager, which is sedentary work with not much lifting, standing, walking, bending, etc.  If Social Security finds that you can still perform this work, your claim is denied.

4.  Your education.  Education plays a role in whether or not you can meet a medical-vocational guideline or grid rule.  Having a high school diploma or GED can sometimes prevent you from meeting a grid rule and therefore cause you to be denied. Also, persons with a lot of education, such as college or a certificate in a skilled trade may have transferable skills to other work which can hurt a disability claim.

There are a great many "cut-and-dried" facts to be considered.  As a friend of mine says, "It is what it is."  You are a certain age, you held certain jobs, you have a certain amount of education...etc.  It can't be changed.

To a certain extent, the medical evidence "is what it is," also.  Yet, there is some interpretation involved in medical evidence.  Primarily, what limitations are imposed by the medical impairments?  For example, if a claimant has asthma, what are the severe symptoms?  Shortness of breath on exertion, fatigue, weakness...?  What restrictions are caused by the asthma?  Inability to stand or walk for prolonged periods?  Inability to left, bend or stoop?  Need to take frequent rest breaks?  Need to use inhalers, nebulizers or other medical intervention frequently?  How would a workday be disrupted by the asthma?  These questions may not be "cut-and-dried" in the doctor's records, so an interpretation is called for.

In short, does the claimant's documented medical conditions impose such severe functional restrictions that he/she cannot work 8 hours a day, 5 days per week on a regular and consistent basis?  If the answer is Yes, Social Security probably will award benefits.

A final question:  Does Social Security consider non-exertional limitations, such as depression, anxiety, fatigue, pain, etc.?  The answer is, yes.  All documented medical impairments are considered.

Exertional activities include such things as sitting, standing, walking, pushing, pulling, and lifting.  

Postural activities include such things as stooping, reaching, kneeling, crouching and crawling.

Mental requirements of work include such things as concentration, remembering and understanding simple directions, carrying out directions and completing tasks, interacting appropriately with co-workers, supervisor or the general public.

All of these should be considered by Social Security decision makers.  However, there must be medical evidence to support the probability of functional limitations.  You can't just claim that you have difficulty remembering or concentrating.  You need a doctor, preferably, a licensed psychologist or psychiatrist, to say that.

Here's the take-away:  A Social Security claim is a terribly complex legal maneuver.  Certain facts have to be proven with objective evidence.  Then, certain conclusions must be drawn based on that evidence.  The claimant must prove that he/she meets the federal regulations that allow a disability benefit.  Telling the judge a good story (even if true) simply won't be enough.  "Where's the beef?" is better translated, "Where's the evidence?"

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The Forsythe Firm
Social Security Disability Specialists
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

Free Consultations - Never a Fee Unless You Win!

SOCIAL SECURITY JUSTICE