Skip to main content

WHAT FACTORS AFFECT A SOCIAL SECURITY DISABILITY CLAIM?

 FACTORS AFFECTING YOUR SOCIAL SECURITY DISABILITY CLAIM

There are several factors that will affect whether or not you can receive Social Security disability benefits.  Some of these factors you can control-- and some you can't.

AGE:  While persons of all ages get disability benefits, it is clear that persons who are age 50 or older have an advantage.

EDUCATION:  Education generally prepares a person to work.  Individuals with more education may have access to more jobs than individuals who have limited education.  Thus, a highly educated person may have more of a challenge with a disability claim.

PAST WORK EXPERIENCE:  A highly skilled person is able to perform jobs that the unskilled person cannot.  Therefore, skilled jobs may be lighter work or less physically demanding than unskilled jobs.

MEDICAL IMPAIRMENT(S):  All claimants must have a severe, medically determinable impairment that interferes with the ability to work on a full-time basis.  Medical evidence of such impairment(s) will be required.

WHICH JUDGE HEARS YOUR CASE:  If your case goes to appeal, you will appear before an Administrative Law judge (ALJ).  You would think that since the judge reviews the same evidence and follows the same rules, the process would be consistent.  It isn't.  Each judge approaches a hearing slightly differently.  Each judge will apply his or her judgment in making a decision as to whether or not you are disabled.  Some judges approve a higher percentage of cases than others.  We cannot pick our judge; they are assigned randomly.  But the judge you are assigned to will definitely have a bearing on your odds of receiving an award.

Please see my website for more information on Social Security disability and how we may be able to help you get approved, even if you've been denied recently:

https://forsythefirm.wixsite.com/website

Comments

Post a Comment

Popular posts from this blog

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...
Post a Comment
Read more

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

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more