Skip to main content

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?

--------------------------------------
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.

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more