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IS YOUR DISABIITY CASE STRONG, AVERAGE OR WEAK (Huntsville, AL Social Security law)

Claimants may get approved for Social Security disability (SSDI) at any age and with almost any medical condition.  However, not all cases are equal.  Here, I'm going to try to break down SSDI cases into 3 categories based on certain characeristics.  To see which category YOUR case falls into, speak to an experienced Social Security lawyer.  No two cases are alike and you may not be able to evaluate your case just by using this general information.

 STRONG CASE

  • Claimant is at least 50 years of age but not yet full retirement age.
  • Claimant has at least one severe and medically determined medical/mental impairment that has lasted or is expected to last for at least 12 straight months.
  • Has worked at least 5 years out of the most recent 10-year period
  • Has had current and regular medical treatment and is compliant with treatment.
  • The claimant is not presently working due to a severe disability or medical condition.
  • Has recently been seen by a medical specialist and hopefully has MRIs, X-Rays or other tests to support his/her severe condition / impairment.
  • Has no past relevant work (within 5 years) at the sedentary level.
AVERAGE CASE
  •  Has at least one severe medical/mental impairment that has lasted or is expected to last at least 12 straight months.
  • Not yet age 50 but has not reached full retirement age.
  • Has worked at least 5 years out of the most recent 10-year period.
  • Has some recent medical treatment and is compliant with treatment.
  • Has consulted a specialist for his/her severe impairment/condition.
  • Is not present working due to a severe medical impairment.
  • Has no past work history (last 5 years) doing sedentary work.

WEAK CASE

  • Claimant is still working, no matter what the reason.
  • Claimant's wages rise to the level of Substantial Gainful Activity.
  • Has not worked at least 5 years out of the last 10 year period.
  • Is not getting regular medical treatment and has no recent records.
  • Has a spotty or inconsistent work history.
  • Has past work experience within the past 5 years doing sedentary work.
  • Is less than 50 years of age.

(Any of the above characteristics of a "weak" case will make Social Security disability benefits more difficult to get.  In all cases, if the claimant has not worked at least 5 years out of the past 10-year period, there is probably not enough work credits to support an SSDI claim, no matter how severe the disability is.  Claimants below age 50 may get approved but it is always more difficult than with a claimant age 50 plus).

 These characteristics are for general information only and are NOT intended to evaluate any particular case.  You should consult a qualified Social Security disability lawyer or advocate for an evaluation of your case and particular set of circumstances. Do not depend strictly on this post to evaluate your claim.

None of the above characteristics can be used to predict or guarantee the outcome of any case.  

Factors of age, education, past work experience and residual functional capacity are all taken into account when deciding a Social Security disability claim.

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