Very few Social Security disability cases are cut-and-dried. Most are open for interpretation, dispute and skepticism by decision makers.
A cut-and-dried case would be one where:
- The claimant's very severe condition meets one of the Listings posted in Appendix 1 of the Blue Book.
- The claimant's condition is terminal or meets the published criteria for a "Compassionate Allowance."
Almost anything else is subject to debate, dispute or subjective judgment by decision makers.
Cases often wind up before US Administrative Law Judges (ALJs), who decide whether the claimant meets the rules for a benefit. Some ALJs pay 65 or 70 percent of claims, while other judges may pay as few as 12 to 15 percent. Judges see disability differently, even though they use the same set of rules and regulations.
Since very few cases are cut-and-dried, getting approved for a benefit is often a hard fought legal battle.
It boils down to presenting hard, objective evidence that the judge simply cannot ignore. It's also important to make a forceful application of that evidence.
Your attorney/representative must know how the following factors will play into your decision:
- Age
- Education
- Past Relevant Work Experience
- Residual Functional Capacity
- Medical Evidence
Your best bet is to put yourself in the hands of an experienced and knowledgeable disability advocate who has adjudicated hundreds or thousands of cases like yours. He or she will anticipate problems before they crop up and will work to solve them while there's still time to do so.
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The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US (256) 799-0297
E-MAIL US: forsythefirm@gmail.com
FREE CONSULTATIONS - NEVER A FEE UNLESS YOU WIN
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