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WAYS TO WIN A DISABILITY APPEAL (HEARING)

 

I want to discuss specific ways to bolster your odds of winning a Social Security disability appeal. Your best chance for victory is at a hearing with an Administrative Law Judge (ALJ). Unfortunately, just getting to the hearing stage can be a rather lengthy process. However, the hearing represents your best chance to get benefits. Most claimants will only get one hearing, so here are ways to make the most of it.

  • Update information and medical records. Your medical records change each time you visit your doctor, go to an ER or urgent care clinic, have a medical test performed or start taking a new drug. Prior to a hearing, it is up to the claimant (or his/her attorney) to update all medical records and other evidence for the judge to review. Social Security will NOT do this for you.

  • Consider taking more tests and providing further documentation on your impairments. If you have spine or joint problems you may need an MRI to show the severity. With heart problems, you may need a new echo-cardiogram or examination by a cardiologist. Seeing a specialist may provide better evidence of your impairment or disability. You can submit more evidence while you wait on a hearing to be scheduled. New evidence can be vital to changing your decision to Favorable.

  • Written opinions from your doctors, called Medical Source Statements, can establish your residual functional capacity that Social Security uses to determine how much work-related activities you can still perform. Your attorney can work with your doctors to get this.

  • Analyze all your medical records to see if they support a Listing, grid rule, compassionate allowance or other judicially noticed method for a disability approval. If not, lay out a legal strategy to show that you meet Social Security's rules for a disability award.

  • Obtain and submit any non-medical evidence to support your case. This may include letters from coworkers or friends, your former boss or other witnesses to document your restrictions of performing work activities on a full-time continuing basis. Remember, Social Security defines work as occurring on a "regular and continual basis, meaning 8 hours per day, 5 days per week or a similar schedule. If you can only work part-time you are disabled under their rules and regulations.

  • Look for any red flags, contradictions, or other problems in your medical records or employment history. Sometimes, references to alcohol or drug use may hurt a case, especially if taken out of context. If such things exist in your records or history, plan to argue that they are not material to your disability--that is, you would be disabled even without the alcohol/drug abuse.

  • A study by the Government Accountability Office (GAO) recently found that claimants using an attorney or advocate win 62 percent of their disability cases, versus only 30 percent who win without using representation. A qualified attorney or advocate may be worth their weight in gold to prepare and present your case to a judge. Best of all, you cannot be charged a legal fee unless you win your case and collect past due benefits from Social Security. Seek out a representative who is well experienced in Social Security law, for that is a specialized practice that needs specialized training and experience. Also, look at the representative's ratings on Google before deciding to hire. What do others say about him or her?

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This information is from The Forsythe Firm in Huntsville, Alabama has helped thousands of claimants win their appeals and get disability benefits. Reach at (256) 799-0297.

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