Sunday, October 4, 2015

THE SUCCESSFUL DISABILITY CLAIM

A successful Social Security disability claim must meet, at a minimum, the following checklist:

  1. There is a severe Medical impairment (either physical and/or mental) which has lasted, or is expected to last, a minimum of 12 consecutive months.
  2. There is objective medical evidence to prove the impairment, its severity and its duration.  Medical evidence must include evidence from what Social Security acknowledges to be "accepted medical sources," in most cases medical doctors or clinical psychologists.  Certain other providers are acceptable in some cases.  For examples, a podiatrist may give evidence about foot disorders and an optician may provide evidence about vision disorders.  
  3. Severity of the claimant's impairments must be such that he/she cannot perform any past relevant work.
  4. Depending on the claimant's age and other factors it if often necessary to show that the claimant cannot perform ANY other work that exists in significant numbers in the national, regional or state economy. 
Add bonus points to your claim for any of the following:
  • Support from one or more of your treating doctors in the form of a Medical Source Statement
  • A long stable history of employment
  • Failed attempts to return to work; you tried it and just weren't able to work
  • You are age 55 or over (You may meet a medical-vocational guideline) 
Contact the Forsythe Firm for a free consultation (256) 799-0297 

1 comment:

  1. I should add that 70 percent of all applications are denied initially and require an appeal to win. It is extremely important to file an appeal within 60 days of being denied. Most awards are paid at the hearing level, not the application level. So the 3 D's apply: Appeal, Appeal, Appeal.

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