Nearly all Social Security disability claims have to go before a judge to win. So, what convinces a judge to pay your disability claim? Judges may consider a lot of factors, but after representing disability claimants hundreds of times in several states, the following factors stand out in my mind.
#1 - The judge will pay your claim if you have a solid work record. Judges like to see individuals who have worked when they were able to work, made solid employees and acted responsibly. Judges are not impressed with persons who appear to be wanting a handout.
#2 - The judge will pay your claim if you have impairments that are well documented. You need medical records where you have consistently been treated by a doctor, or doctors, over a period of time. It helps to have objective medical evidence, such as X-rays, MRIs, lab reports, other tests, etc.
#3 - The judge will pay your claim if the medical records are consistent with your testimony at the hearing. Judges will consider the limitations of functions that you experience based on your medical impairments. How do your conditions affect your ability to walk, stand, sit, lift, bend, kneel, concentrate, follow directions, get along coworkers and supervisors, etc.? Your testimony about these functions need to be with the medical records. The judge must find it reasonable that your medically documented impairments could cause the symptoms and limitations you describe.
#4 - The judge will pay your claim if your doctor has given a written opinion about your lack of ability to perform specific job functions. This is "opinion evidence" that does beyond the actual medical records. I use a form called a "Medical Source Statement" that collects the opinions I need from the doctor.
#5 - The judge will pay your claim if there is a body of additional evidence that supports your claim. Examples of other evidence might be: a letter from a friend, spouse or family member that describes your symptoms; a form or function report completed by a relative or friend; an affidavit from a coworker or supervisor; a record of absences from your most recent job.... A good representative will look for "other evidence" that gives you a greater chance of winning your claim.
One of the things I think a good representative does before the day of a hearing is to take a few steps back and ask, "How is this case strong? How is the case weak? What can I do to make it stronger?"
I have tried Social Security disability cases in Alabama, Tennessee, Mississippi and other states. While each case has differences, they are essentially all alike. To win the case, you have to prove functional limitations caused by documented medical impairments--which prevent the claimant from doing any substantial gainful work. That's not only a mouthful. It can be a handful, too. Good representation prepares for a good outcome.
#1 - The judge will pay your claim if you have a solid work record. Judges like to see individuals who have worked when they were able to work, made solid employees and acted responsibly. Judges are not impressed with persons who appear to be wanting a handout.
#2 - The judge will pay your claim if you have impairments that are well documented. You need medical records where you have consistently been treated by a doctor, or doctors, over a period of time. It helps to have objective medical evidence, such as X-rays, MRIs, lab reports, other tests, etc.
#3 - The judge will pay your claim if the medical records are consistent with your testimony at the hearing. Judges will consider the limitations of functions that you experience based on your medical impairments. How do your conditions affect your ability to walk, stand, sit, lift, bend, kneel, concentrate, follow directions, get along coworkers and supervisors, etc.? Your testimony about these functions need to be with the medical records. The judge must find it reasonable that your medically documented impairments could cause the symptoms and limitations you describe.
#4 - The judge will pay your claim if your doctor has given a written opinion about your lack of ability to perform specific job functions. This is "opinion evidence" that does beyond the actual medical records. I use a form called a "Medical Source Statement" that collects the opinions I need from the doctor.
#5 - The judge will pay your claim if there is a body of additional evidence that supports your claim. Examples of other evidence might be: a letter from a friend, spouse or family member that describes your symptoms; a form or function report completed by a relative or friend; an affidavit from a coworker or supervisor; a record of absences from your most recent job.... A good representative will look for "other evidence" that gives you a greater chance of winning your claim.
One of the things I think a good representative does before the day of a hearing is to take a few steps back and ask, "How is this case strong? How is the case weak? What can I do to make it stronger?"
I have tried Social Security disability cases in Alabama, Tennessee, Mississippi and other states. While each case has differences, they are essentially all alike. To win the case, you have to prove functional limitations caused by documented medical impairments--which prevent the claimant from doing any substantial gainful work. That's not only a mouthful. It can be a handful, too. Good representation prepares for a good outcome.
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