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WINNING DISABILITY - THE EXTRA MILE

There's a parable in the Bible about going an extra mile, doing more than you have to do.  I want to say a few words about going the extra mile to win a Social Security disability claim.

Everyone does the basic, required things.  We interview the claimant, fill out the forms, get medical records and summarize the case in a well written brief (hopefully).  That's "the first mile."  What are some things we can do in the "extra mile"?

We can try to get doctors to provide more specific information about the claimant, particularly his or her limitations in work related functions.  Ask the doctor to give an opinion about the how long the claimant can sit, stand and walk.  How much can he lift and carry?  Are there postural limitations - such as bending, squatting, stooping or reaching?  Are there any psychological restrictions to work-like activities, such as difficulty concentrating, getting along with people, or understanding and following directions?

We also should have a long, hard look at the vocational evidence.  Has past work been skilled, semi-skilled or unskilled?  Are there any transferable skills?  What specific limitations can we find that prevents unskilled sedentary work--such as selling tickets in a movie theater, being a beverage order clerk, or telemarketer?  

We can also examine the file closely to see if the hearing judge will find a problem that "bush whacks" us at the hearing.  Did the claimant receive money from his/her employer after the alleged onset date?  If so, what was it for:  vacation pay, sick leave pay, refund of insurance premium, etc.?  Could there be questions about drug or alcohol abuse that may torpedo the case?  

My office has actually done mock hearings--with an associate playing the role of administrative law judge, someone else playing the roles of claimant and vocational expert. It's a good way to see the problems that may occur with the case and weaknesses that should be addressed.  It's also time consuming.  That is definitely an example of "going the extra mile" to be as good an advocate as you can be on behalf of your claimant.



THE FORSYTHE FIRM

 
(256) 799-0297 for our Huntsville, AL office
(615) 732-6159 for our Nashville, Tn office

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