WHAT YOUR DISABILITY CASE WILL BOIL DOWN TO

Social Security denies benefits for one reason:  "You are not disabled according to our rules."  This is what the denial always says.

In fact, this decision is made based on two facts.  Nearly all cases boil down to these two things:

1.  Are you able to perform any of your past work?  If you are age 50 or over, this is perhaps the most crucial question of all.  

2.  Can you perform any other full-time work, even sedentary unskilled jobs?  If you are under age 50, this may be the most important question of the entire case.  If you are found able to perform any full-time work, your benefits will be denied.

Social Security will sift through a lot of evidence to reach conclusions to these two questions.  As the claimant, you or your attorney must address the following items to win:

• Provide a detailed description of all your past work, going back a full 15 years.  You must describe the kind of work, along with how much sitting, standing, walking, lifting, bending, crouching, crawling, reaching, handling, etc. each job involved.

• Produce medical evidence that shows severe symptoms which will not permit you to perform any of your past relevant jobs.  If possible, your doctor should complete a residual functional capacity (RFC) report for you.

• If you are under age 55, you should produce evidence that there are no other jobs in the US economy that you would be medically able to perform on a full-time basis.  Here again, your doctor may help with an RFC report.

Many claimants make the mistake of arguing the wrong points.  The following are examples of things that Social Security will NOT consider, and these things do not help your case at all:

• No one will hire me.
• I can't find any of those jobs; I've looked.
• I couldn't possibly live on those wages?
• All of those jobs have moved to Mexico.
• When I apply for a job, they say I'm a liability.

Social Security considers your physical and mental ability to work, not whether you can find work.  Remember, it's a disability insurance program, not an unemployment program.

Most claims ultimately come down to the quality of medical evidence that is submitted.  Social Security's rules require clear and convincing evidence of severe, chronic medical problems that make you unable to meet the physical and/or mental demands of full-time work.

Talk to your attorney or representative about your medical evidence.  He or she best knows how strong your case is, based on the evidence available.

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The Forsythe Firm

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

Call Us:  (256) 799-0297

Email Us:  forsythefirm@gmail.com