There are 3 specific approaches to winning Social Security disability benefits. Space doesn't permit an exhaustive treatment here, but I will give the 3 general ways to approach a claim:
1. Meet or Equal a Listing. Very few claimants can win this way because the Listings are so strict and require very severe symptoms. But claimant with severe or catastrophic medical conditions need to look at the Listings. If you can meet a Listing, you are automatically approved.
2. Be disabled under the framework of a Medical-Vocational Guideline, also called "grid rules." These rules sometimes work for individuals who are at least 50 years of age. They most often work for claimants who do not have any sedentary (sit down) work in their employment history, have no transferable skills and no qualifications to perform skilled work.
3. Prove that you cannot perform any full-time work which exists in the national economy.
Number 3 obviously is the most difficult path. Unfortunately, it is probably the only path open to most claimants who are under the age of 50 and who cannot meet a Listing. Many attorneys are reluctant to take younger claimants because the requirements for disability are very difficult at younger ages.
Claimants should understand their best legal approach--especially when they get to the appeal level. Judges will quickly sum up a case and decide whether option 1, 2 or 3 (above) is the route to follow. This happens before the hearing begins.
If you are represented, your attorney/advocate has also summed up the case and has decided on the best approach. However, if you are unrepresented, you are sort of "groping through the darkness." Usually, the darkness will win.
Your representative is an excellent resource, not only because he or she fights for your benefits, but also because of the ability to analye your case and deciding which legal theory is likely to win.
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