MOST IMPORTANT EVIDENCE IN SOCIAL SECURITY DISABILITY

At a recent conference the speaker asked this thought provoking question:  "What is the most important evidence you can present at a Social Security disability hearing?"
As in a multiple choice exam, the possible answers were

1. the claimant's medical condition
2. the claimant's past job history
3. the claimant's residual function capacity
4. the claimant's vocational evidence

All of the above are certainly important.  You can't expect to win a disability hearing without proving that the claimant has a serious impairment.  The other three answers are also obviously important.  But the speaker made a convincing argument that 4, vocational evidence, is the correct choice.

He went on to say that vocational evidence is too often ignored by claimants representatives, who tend to focus strictly on medical evidence - proving that their client has this disease or that condition - when more emphasis should be placed on how the impairment affects the claimant's ability to perform on the job.

I find his argument to be basically correct.  In addition to proving that your client has a severe medically determinable impairment, you have to go a step further and show exactly how that impairment restricts the ability to perform past relevant work and all other work.  This will involve such considerations as (for examples).......

• How long can the claimant can sit and stand at one time?
• How many hours can the claimant sit/stand during an 8 hour work day?
• How many pounds can the claimant lift occasionally?  Frequently?
• How is the claimant's concentration, memory, ability to follow instructions....?
• Are there environmental restrictions (to heat, cold, unprotected heights, dust....?)
• What is the DOT classification of the claimant's past work?
• Are there any transferable skills?
• How does the claimant's age and education affect the occupational base?

The astute claimants representative must piece together a winning theory of a Social Security disability case using compelling medical, psychological and vocational evidence--as appropriate.  Increasingly, I have witnessed that medical evidence alone will not win a disability hearing.  At the end of the day, the judge wants to know, "So you have (this or that disorder) - how does it prevent you from working?"  Where does your doctor state that you cannot lift more than 10 pounds or walk more than 100 feet without resting?  Medical + vocational evidence must be united to paint a picture of significantly restricted ability to function in the work place.

Here is the one area where I believe an experienced advocate or representative will enhance the case enormously and increase the odds of winning a disability award.

  

Contact Social Security disability professionals in Huntsville here.

(256) 799-0297