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HOW TO PRESENT YOUR DISABILIT CLAIM AT HEARING

 When you take your Social Security disability claim to hearing before a judge, there are 3 legal approaches you may try.  Not all approaches are available to every claimant.  Much depends on your age, past relevant work, education and residual functional capacity (restrictions).  

Here are the 3 possible ways to be approved:

1.  Prove that you meet or equal a Listing.  Listings are specific medical impairments along with severe symptoms which Social Security will approve and pay automatically.  It isn't enough to be diagnosed with one of these conditions, you must also meet the severity of symptoms shown for each impairment. Only an approved medical source, such as a medical doctor of licensedf clinical psychologist, can certify that you meet a listing.   Note:  Most claimants who qualify for benefits will not meet a Listing.  Before you try to use this approach, become familiar with the Listings in Social Security's Blue Book at this link:

https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm 

2.   Prove that you are disabled using the framework of a Medical-Vocational Listing or Grid Rule.  This works for claimants age 50 or over and is easier for claimants age 55 or over.  Claimants under the age of 50 will not have this option.

3.  Convince Social Security that you are not able to perform any job which exists in the national economy because of restrictions attributed to your severe medical conditions.  This avenue is available for younger claimants but it requires extensive evidence and is often resisted by decision makers.  Note:  You must convince Social Security that you are not able to perform (a) any of your past relevant jobs, AND (b) any other job which exists in the US economy.

I recommend getting a Residual Functional Capacity or Medical Source Statement from your treating physician to use as evidence.

The fact that you cannot perform your past work does not win a benefit if you are a younger individual.  Younger claimants are expected to adjust to simpler, easier work.  

For example, if your past work was that of a roofing contractor and you have a bad back, it may be easy to prove that you can't climb on roofs or carry heavy bundles of shingles up ladders any more.  This isn't necessarily disabling under Social Security rules.  You might still work as a garment tagger, food and beverage order clerk or copy collater. In short, Social Security may find dozens of jobs that are easier than roofing and, if so, they will use these jobs to deny your claim if they can.

For claimants under age 55, I always prepare to show why there is no work my claimant can perform--especially the easy sedentary (sit-down) jobs, like surveillance system monitor, ticket taker or tutor.

The person applying for disability benefits should always remember this fact:

You only get one hearing.  You can't fail, then return for a second chance.  

 


 

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