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WHAT IS A "THEORY OF AWARD"?

If you listen to lawyers talk about Social Security disability you will hear the term "theory of award."  Judges often ask attorneys at the hearing, "What is your theory of award?"

A theory of award means:  What set of facts meets Social Security's rules to allow a payment of benefits?

It isn't sufficient to say, "The claimant can't work," or "the claimant is disabled."  The lawyer has to carefully examine Social Security's rules and explain which rule allows a payment or an award.

Here are some examples of a theory of award: 

 1.  The claimant's medical condition meets or equals Listing 12.05.

2.   Grid rule 202.06 will direct a finding of "disabled" based on the claimant's age, education, past work history and residual functional capacity.

3.  Based on the severe functional impairments, the claimant cannot perform past relevant work under 20 CFR §404.1520. 

4.  The claimant would be unable to perform any significant gainful activity which is available in the national economy using Medical-Vocational Guideline 201.04 as a guideline.  

5.  Pursuant to SSR 85-15, the claimant is unable to sustain any other employment available in significant numbers in the US economy.

Think of the Social Security disability process as a long, winding path. The path takes many turns and twists. The end of the path is the conclusion about how the regulations dictate a particular ruling.  Your lawyer always looks for a favorable decision at the end of your path--one which allows you to collect all the benefits you are entitled to get.

Only by explaining the legal reasoning can a lawyer expect to obtain a favorable ruling which pays his/her client.  That reasoning is the "legal theory of the case."  

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