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WHAT'S IMPORTANT TO PROVE IN A DISABIITY HEARING?

 


Claimants go into Social Security disability hearings with legitimate and often serious medical problems.  Yet, they often get denied for SSDI benefits.

Why?  Because they fail to prove the SEVERITY of their medical impairment and how it makes it impossible to work a full-time job.

I often hear of claimants who look at the "Blue Book" Listings and thing they will be approved because they have one of the conditions shown in the Blue Book Listings.  That is not the proper way to use the Blue Book.

The Blue Book is all about SEVERITY of your conditions.  Below each listed impairment in the Listings there are several severe symptoms that must be proven in order to meet or equal a Listing.  I've practiced in the field of Social Security disability for nearly 25 years and have won thousands of cases.  But probably no more than 4 or 5 of those cases met a Blue Book Listing.  The Listings are VERY difficult to meet if you read the fine print.

The more common way to get approved for SSDI is to show that your impairment is severe and it makes you unable to work.  Severity is the key.

Social Security will not approve a claim just because you have rheumatoid arthritis (RA).  They will approve your claim if you show them how SEVERE SYMPTOMS of your RA make it difficult to hold a job.

If your RA prevents you from standing more than 30 minutes, for example--makes it hard to sit for more than one hour, prevents you from occasional bending, reaching, handling or if it requires you to take a few extra unscheduled breaks during an 8-hour workday, you can be approved.

If you can demonstrate persuasively that you cannot lift 10 pounds occasionally, can't stand or sit for at least 6 hours out of an 8-hour day, or would be absent from work several days per month due to your RA symptoms, you can be approved.

THE KEY:  PROVE TO SOCIAL SECURITY THAT YOUR SYMPTOMS, IN COMBINATION, ARE SO SEVERE THAT YOU COULD NOT PERFORM WORK ACTIVITIES FOR 8 HOURS PER DAY, 5 DAYS PER WEEK ON A "REGULAR AND CONTINUING BASIS."

It's all about being unable to work a full-time job.  And that makes it all about the SEVERITY of your symptoms. 

_______________

By Charles W. Forsythe of the Forsythe Firm in Huntsville, AL.  Assisting claimants get their Social Security disability benefits for nearly 25 years.

(256) 799-0297. 

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