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WAS YOUR DISABILITY CLAIM DENIED DUE TO "CHERRY-PICKING"?

 Cherry-picking is when decision makers find evidence to deny a disability claim--while ignoring or mischaracterizing important evidence that supports a finding of disability. Basically, cherry-picking is looking only at evidence that supports a denial of benefits. 

Examples of cherry-picking would be:

  • Ignoring medical opinions that consistently point to disability
  • Downplaying facts in the medical record that support a finding of disability
  • Emphasizing "good days" and down-playing bad ones.
  • Using certain activities or events to find the claimant is not disabled, which really have nothing to do with whether the claimant can work.
I once had a judge question my client extensively about spending a week at his vacation home at the lake.  He seemed to infer that my client could not be disabled if he was able to enjoy a week at the lake.  Quickly, I redirected the questioning to "What did you actually do at the lake?"  Turns out, my client sat on the porch reading and rested inside the cabin while his family enjoyed outdoor activities.   You CAN be disabled and still rest beside the lake!

A Social Security decision maker is required to consider the entire record--all of the evidence instead of highlighting some evidence that is not supportive of disability.

 Of course, it is imperative that the claimant has amassed a record that powerefully supports a finding of disability.  Lawyers and other advocates are trained to put together a comprehensive package of evidence to support your claim.  It can't be left to chance.  And it is important to understand the type of evidence required to carry a disability case to victory.

Once the comprehensive evidence is in the file, the claimant must know how to use it to win his case.  He must also know how to countermand the cherry-picking that may go on while the evidence is being reviewed.

I recommend strongly that you use an experienced lawyer or disability advocate to help you navigate the maze of Social Security procedures and regulations.  This often requires appearing before an Administrative Law Judge for a hearing.  This is a wonderful opportunity to have your claim paid. But you can waste the opportunity by being unprepared to put forth a good legal package.  

Your legal representative can do that for you--giving you a much better chance of being approved vs. going it alone.  Best of all, your lawyer or representative cannot charge you a fee unless

1.  You win your case, and

2.  You receive past due benefits or "back pay" from Social Security.

(256) 799-0297 puts you in touch with The Forsythe Firm in Huntsville, AL.  The firm specializes in winning Social Security disability benefits for deserving claimants in Alabama and Tennessee.  Free consultations available and we may be able to answer your questions over the phone.

Email me:        ForsytheFirm@gmail.com


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