3 WAYS TO GET DISABILITY APPROVED
There are 3 basic ways to get Social Security disability approved. First, let me say that it is not easy for most claimants and it is much harder than merely filing an application. Let me walk through the 3 basic scenarios in which Social Security will approve benefits:
MEET OR EQUAL A LISTING. This is not how most claimants get approved because most will not meet a Listing. So, what's a Listing. Listings are simply diseases or impairments that are recognized by Social Security as disabling when a long list of symptoms are severe or advanced. Most claimants who eventually get approved will not meet a listing because their symptoms are not severe enough to do so.
USE A MEDICAL-VOCATIONAL GUIDELINE OR "GRID RULE." Grid rules are also published by Social Security. They apply only to individuals who are age 50 or over. The grids are just that--grids that combine age, education, past relevant work (skills) and residual functional capacity* to direct a finding of disability in the most obvious cases. Persons under 50 or those with non-exertional impairments will not benefit from these guidelines.
PROVE THAT YOU ARE NOT ABLE TO PERFORM SUBSTANTIAL GAINFUL ACTIVITY BECAUSE OF YOUR SEVERE IMPAIRMENTS.
This avenue is open to adults of all ages, including those who have non-exertional or mental impairments.
The key word is prove. This requires strong, objective medical evidence. Social Security will want to see objective medical tests: X-ray, MRI or CT scans, laboratory tests, thorough examinations and treatment over a substantial period of time without improvement.
Factors that Social Security decision makers will consider are:
BE ABSOLUTELY SURE THAT NO ONE GETS APPROVED WHO IS NOT UNQUESTIONABLY DISABLED.
Social Security's goal is not to be sure that everyone who deserves disability benefits get them. Just the opposite: to be sure that nobody gets a benefit who doesn't qualify.
Therefore, their investigation and processing of disability claims is slow, arduous, careful and deliberate.
Because of their very careful approach to claims, most claims are denied. Even claimants who are truly disabled and meet all of the rules for a disability benefit may be denied.
While this may be unfair, it is, nonetheless a fact.
So, if you file and are denied, you are one of many. The way to respond is to file an immediate appeal. You have the right to appeal if you do so within 60 days of the denial. After that, you cannot appeal.
Most disability claims are not won by filing an application, they are won by filing an appeal.
Consider using an experienced attorney or Social Security disability advocate to help with your appeal. You cannot be charged a legal fee unless you win your case and also collect back pay from Social Security. You cannot be charged a deposit, retainer or upfront fee of any kind.
____________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PH (256) 799-0297
MEET OR EQUAL A LISTING. This is not how most claimants get approved because most will not meet a Listing. So, what's a Listing. Listings are simply diseases or impairments that are recognized by Social Security as disabling when a long list of symptoms are severe or advanced. Most claimants who eventually get approved will not meet a listing because their symptoms are not severe enough to do so.
USE A MEDICAL-VOCATIONAL GUIDELINE OR "GRID RULE." Grid rules are also published by Social Security. They apply only to individuals who are age 50 or over. The grids are just that--grids that combine age, education, past relevant work (skills) and residual functional capacity* to direct a finding of disability in the most obvious cases. Persons under 50 or those with non-exertional impairments will not benefit from these guidelines.
PROVE THAT YOU ARE NOT ABLE TO PERFORM SUBSTANTIAL GAINFUL ACTIVITY BECAUSE OF YOUR SEVERE IMPAIRMENTS.
This avenue is open to adults of all ages, including those who have non-exertional or mental impairments.
The key word is prove. This requires strong, objective medical evidence. Social Security will want to see objective medical tests: X-ray, MRI or CT scans, laboratory tests, thorough examinations and treatment over a substantial period of time without improvement.
Factors that Social Security decision makers will consider are:
- Age
- Education level
- Past work history
- Residual Functional Capacity (RFC)**
BE ABSOLUTELY SURE THAT NO ONE GETS APPROVED WHO IS NOT UNQUESTIONABLY DISABLED.
Social Security's goal is not to be sure that everyone who deserves disability benefits get them. Just the opposite: to be sure that nobody gets a benefit who doesn't qualify.
Therefore, their investigation and processing of disability claims is slow, arduous, careful and deliberate.
Because of their very careful approach to claims, most claims are denied. Even claimants who are truly disabled and meet all of the rules for a disability benefit may be denied.
While this may be unfair, it is, nonetheless a fact.
So, if you file and are denied, you are one of many. The way to respond is to file an immediate appeal. You have the right to appeal if you do so within 60 days of the denial. After that, you cannot appeal.
Most disability claims are not won by filing an application, they are won by filing an appeal.
Consider using an experienced attorney or Social Security disability advocate to help with your appeal. You cannot be charged a legal fee unless you win your case and also collect back pay from Social Security. You cannot be charged a deposit, retainer or upfront fee of any kind.
____________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PH (256) 799-0297
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