As a practicing Social Security disability advocate in Alabama for 20-plus years, I can say this for certain: Every disability case has its own strengths and weaknesses. Here I'm going to list some things that help make a good (strong) Social Security Disability case. Caution: Seldom will one claimant have all these things going for him/her.
1. AGE. While younger claimants can be approved, an individual age 50 or over has an advantage because of the grid rules.
2. MEDICAL RECORDS. Claimants with good medical treatment and the availability of medical records may be good candidates. Social Security depends on objective medical evidence to approve claims. (We can help you obtain your medical records as long as you've had the treatment).
3. Long, Steady Employment History. I prefer to work with a claimant who has worked for a long time with one or two employers vs. one who has moved from one job to another every year or two.
4. A History of Physically Demanding Work. It is usually easier to get benefits for a person whose past relevant work (last 5 years) has been medium to heavy in terms of strength demands. While I do win a lot of cases for those who have recently performed light or sedentary work, it is a little more challenging.
4. Duration of Your Medical Condition. The claimant must meet the 12 months duration requirement. He/she has a severe medical impairment which (a) has lasted for at least 12 consecutive months, (b) is expected to last at least 12 straight months, OR (3) will end in death. No short-term impairments will qualify.
Another important factor with appeals is: Which judge will you get?
In the Florence hearing office the judges vary in terms of their percentage of approvals. The lowest paying judge in the office pays around 16 percent of cases (16 out of 100). The second lowest payer in that office pays around 30 percent (3 out of 10). Most of the other judges' award rates are more in line with state and national averages, about 40 to 50 percent. We have no influence on which judge is assigned to hear your appeal.
_________________________
If you need help with a Social Security disability appeal or hearing, reach out to one of Alabama's premier disability firms: The Forsythe Firm in Huntsville. Free consultation. Pay no fee unless you win.
Call (256) 799-0297
Comments
Post a Comment