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"YOU ARE NOT DISABLED ACCORDING TO OUR RULES"

Social Security denies disability claims by the millions.  The catch-all reason they give:  "You are not disabled according to our rules."

The 2 specific rules they use to deny claims are most often:

  • You have some restrictions in your ability to perform work activities but you are still able to perform some of your past relevant work as it is generally performed in the national economy.  This is called a "Step 4" denial.\
  • You are not able to perform your past work; however, there are other jobs in the national economy that you can perform.  This is a "Step 5" denial.
So it boils down to this:  If they find you can perform even one of your past jobs you are not disabled.  Also, if you are not able to perform any past job but can perform some other job you are not disabled.
 
Getting Social Security disability is like walking a tightrope.  The rules are extremely strict and it's more likely to be denied than approved.
 
When I represent a client for disability, there are several things I am always prepared to do:
 
1.  I fill out a detailed and complete Work History Report explaining all past work in great detail.  I give the extent of the sitting, standing, walking, lifting, bending, reaching, pushing, pulling, kneeling, crouching, crawling, handling, etc.  Why is this important:  Because Social Security must fully understand your jobs before they can decide if you are still able to perform them. I find many applications are denied because the claimant didn't complete this form in sufficient detail.
 
2.  I get a doctor's Residual Functional Capacity (RFC) opinion whenever possible.  The doctor will estimate the claimant's ability to perform work-like activities such as:  sitting, standing, walking, lifting, carrying, handling, reaching, bending, kneeling, crawling, pushing and pulling, etc.  Often, the doctor's RFC will place restrictions on the claimant that will not permit him or her to perform any past relevant work or any other work.
 
 3.  I expect the probability of a denial in the early stages, so I am always prepared to appeal and take the case higher up in the process for a better decision.  I am prepared to go all the way to a hearing before a federal Administrative Law Judge--or beyond--for the right decision.
 
It is never acceptable to just file the paperwork and hope for the best. The natural result of a disability application is denial.  Approval happens when evidence is provided that makes the case difficult to deny.
 
Most awards come through the efforts of dedicated attorneys/advocates who know the system and the law and prepare cases that can win.  
 
Call the Forsythe Firm in Huntsville for a free consultation.  If we represent you, you never pay a fee until your case is approved and you are awarded past due benefits.  If you are not approved there will never be a fee for our work.  (256) 799-0297. 

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