FACTS REQUIRED TO BE AWARDED SOCIAL SECURITY DISABIITY
As a disability advocate, my job is to get the facts required to prove your Social Security disability claim--and get you paid.
The most important fact to be proven is that you are disabled according to Social Security's rules. It is not enough to make the judge believe that you are disabled. We must prove it according to the definition of "disability" found in the 20 Code of Federal regulations, Parts 1-99. Proof requires certain medical evidence showing the nature, duration and severity of your impairment and how it impacts your ability to perform work-related functions.
A second fact we must prove is when your disability began. This is called the onset date. This date will determine how much back pay you can get and it will determine when your medicare coverage will start.
Other facts that we must prove include:
This is why I think many claimants who represent themselves are denied. They tell a great story but fail to meet the technical burden of proof--because they don't know what that burden is or how to go about meeting it. Picture this:
It would also be very useful if the claimant could say to the judge: "Your Honor, Dr. Hammer, who has treated me for the last 10 years, has provided an opinion found in Exhibit 2F, page 2, stating that in her opinion I would be absent from work at least 4 days per month due to severe migraine headaches. Dr. Hammer also states on page 4 of that document that I will have marked difficulty remembering simple instructions, following spoken directions and completing tasks in a timely manner."
Now, if the judge poses a hypothetical question to the vocational expert, Dr. Usser, and the expert proposes that the claimant could work as a pickle pusher, and that there are 1,472,000 pickle pusher jobs in the United States, the claimant must deal with this adverse testimony. The vocational expert might be asked the following by the claimant:
"Dr. Usser, if an individual had to consistently be absent 4 or more days per month due to migraine headaches, would any of those pickle pusher jobs still be available?" The obvious answer is, "No, they would not."
Also, the claimant might ask, "Dr. Usser, what is the maximum amount of consistent absence that would be tolerated by the employer of a pickle pusher?" The answer from the vocational expert will be, "No more than 1 or 2 days per month." (Obviously, this makes the claimant unable to work, according to Dr. Hammer's testimony).
Finally, Dr. Usser, what is the maximum allowance for being off task for a full-time pickle pusher?" The answer will be usually, "No more than 10 percent." The claimant might followup, "So, Dr. Usser, is it your testimony that if Dr. Hammer's evaluation in 2F is considered to be true and accurate, that no work would be available as pickle pusher for the described hypothetical person? Would any other type of work be available?" (Obviously, the answer is No).
Failure to have this type of evidence in the file, or failure to know how to use the evidence (even if it is there), will probably result in a denial of benefits--even though the claimant is obviously disabled.
HELP WITH A SOCIAL SECURITY CLAIM:
(256) 799-0297 or (256) 431-1599
The most important fact to be proven is that you are disabled according to Social Security's rules. It is not enough to make the judge believe that you are disabled. We must prove it according to the definition of "disability" found in the 20 Code of Federal regulations, Parts 1-99. Proof requires certain medical evidence showing the nature, duration and severity of your impairment and how it impacts your ability to perform work-related functions.
A second fact we must prove is when your disability began. This is called the onset date. This date will determine how much back pay you can get and it will determine when your medicare coverage will start.
Other facts that we must prove include:
- that you are not now working at substantial employment.
- that you have not worked at any substantial employment since your alleged onset date.
- that you are unable to perform any of your past work.
- that you have no skills that will transfer to sedentary work, or to easier work than the jobs you once performed.
- If you meet one of the Listings, we must prove that.
- If a finding of "disabled" is directed by a Medical-Vocational Guideline, we must demonstrate that fact.
- (Often) we must prove you are not able to perform any other work that exists in the national economy.
This is why I think many claimants who represent themselves are denied. They tell a great story but fail to meet the technical burden of proof--because they don't know what that burden is or how to go about meeting it. Picture this:
A claimant is appearing before an administrative law judge who will decide whether or not to grant benefits. The judge listens to the claimant's story, looks at him and says: "Show me where, in the medical record, that your headaches are so frequent and so severe that you would miss several days of work each month." The claimant must be prepared to answer "Exhibit 7F, page 265; Exhibit 11F, pages 18-21; and Exhibit 14F, page 7.
It would also be very useful if the claimant could say to the judge: "Your Honor, Dr. Hammer, who has treated me for the last 10 years, has provided an opinion found in Exhibit 2F, page 2, stating that in her opinion I would be absent from work at least 4 days per month due to severe migraine headaches. Dr. Hammer also states on page 4 of that document that I will have marked difficulty remembering simple instructions, following spoken directions and completing tasks in a timely manner."
Now, if the judge poses a hypothetical question to the vocational expert, Dr. Usser, and the expert proposes that the claimant could work as a pickle pusher, and that there are 1,472,000 pickle pusher jobs in the United States, the claimant must deal with this adverse testimony. The vocational expert might be asked the following by the claimant:
"Dr. Usser, if an individual had to consistently be absent 4 or more days per month due to migraine headaches, would any of those pickle pusher jobs still be available?" The obvious answer is, "No, they would not."
Also, the claimant might ask, "Dr. Usser, what is the maximum amount of consistent absence that would be tolerated by the employer of a pickle pusher?" The answer from the vocational expert will be, "No more than 1 or 2 days per month." (Obviously, this makes the claimant unable to work, according to Dr. Hammer's testimony).
Finally, Dr. Usser, what is the maximum allowance for being off task for a full-time pickle pusher?" The answer will be usually, "No more than 10 percent." The claimant might followup, "So, Dr. Usser, is it your testimony that if Dr. Hammer's evaluation in 2F is considered to be true and accurate, that no work would be available as pickle pusher for the described hypothetical person? Would any other type of work be available?" (Obviously, the answer is No).
Failure to have this type of evidence in the file, or failure to know how to use the evidence (even if it is there), will probably result in a denial of benefits--even though the claimant is obviously disabled.
HELP WITH A SOCIAL SECURITY CLAIM:
(256) 799-0297 or (256) 431-1599
Unfortunately, disabled veterans can face the same obstacles as others when applying for Social Security disability benefits. Initial decisions often are unfavorable (denials) and claimants need an appeal to get their benefits started. The key is not to give up. Appeal the unfavorable decision and get before an administrative law judge as soon as possible. Please keep in mind that you are only allowed 60 days by law to file an appeal. This is a very strict deadline set forth in the regulations.
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