CAN YOU CONVINCE A JUDGE THAT YOU ARE DISABLED?
Most disability benefits today happen because the claimant convinces a judge that he or she is not able to work. This is particularly true for claimants under the age of 50.
How do you convince a judge?
Good medical evidence is the key. Review the doctor's records in your Social Security file and see what they say. If they don't support severe medical problems, you probably don't have a case.
Writing down your symptoms can be useful. Start with the ones that you feel would keep you from performing 8 hours of work each day.
Assess you areas of physical and mental function. How long can you sit and stand without pain? If you were working, what would your lifting maximum be, in terms of pounds? Any problems with posturals: bending, crouching, kneeling, etc.?
Think about how your last job ended. If you stopped working for any reason besides a medical impairment, it sends the wrong message to Social Security. If you were fired because you could no longer do your work, that's actually a positive thing in Social Security cases. Even if you had to quit your job, was it because your symptoms didn't permit you to continue? Be able to explain those specific symptoms.
Have a look at your work history. The strongest claimants have a long work history demonstrating a good work ethic and desire to work. Weaker claims are those with sporadic work and frequent periods of unemployment.
Try to get your doctor's support. You are correct that doctors may not declare you to be disabled. However, a doctor who knows your medical history can express an opinion about your ability to function in specific areas, such as sitting/standing/walking, pushing/pulling, lifting or maintaining concentration or focus. If your doctor will put these limitations on paper (using a medical source statement format), it can be very convincing to an otherwise skeptical judge. The longer the doctor has treated you, the better.
Consider getting an attorney or representative. I always say this. Because it's your first hearing and you don't know what to expect or how to plan for it. And you only get one hearing. A representative can only do so much for you in the hearing. But he/she can do a lot in the months before the hearing. Preparation is usually the key to winning.
___________
Charles W. Forsythe
The Forsythe Firm
Social Security Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
Free Consultations - Never an Upfront cost to you
SOCIAL SECURITY JUSTICE - WEBSITE
How do you convince a judge?
Good medical evidence is the key. Review the doctor's records in your Social Security file and see what they say. If they don't support severe medical problems, you probably don't have a case.
Writing down your symptoms can be useful. Start with the ones that you feel would keep you from performing 8 hours of work each day.
Assess you areas of physical and mental function. How long can you sit and stand without pain? If you were working, what would your lifting maximum be, in terms of pounds? Any problems with posturals: bending, crouching, kneeling, etc.?
Think about how your last job ended. If you stopped working for any reason besides a medical impairment, it sends the wrong message to Social Security. If you were fired because you could no longer do your work, that's actually a positive thing in Social Security cases. Even if you had to quit your job, was it because your symptoms didn't permit you to continue? Be able to explain those specific symptoms.
Have a look at your work history. The strongest claimants have a long work history demonstrating a good work ethic and desire to work. Weaker claims are those with sporadic work and frequent periods of unemployment.
Try to get your doctor's support. You are correct that doctors may not declare you to be disabled. However, a doctor who knows your medical history can express an opinion about your ability to function in specific areas, such as sitting/standing/walking, pushing/pulling, lifting or maintaining concentration or focus. If your doctor will put these limitations on paper (using a medical source statement format), it can be very convincing to an otherwise skeptical judge. The longer the doctor has treated you, the better.
Consider getting an attorney or representative. I always say this. Because it's your first hearing and you don't know what to expect or how to plan for it. And you only get one hearing. A representative can only do so much for you in the hearing. But he/she can do a lot in the months before the hearing. Preparation is usually the key to winning.
___________
Charles W. Forsythe
The Forsythe Firm
Social Security Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
Free Consultations - Never an Upfront cost to you
SOCIAL SECURITY JUSTICE - WEBSITE
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