Skip to main content

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


Labels:

Comments

Post a Comment

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...
Post a Comment
Read more