WAYS TO WIN A SOCIAL SECURITY DISABILITY CASE

The following are possible ways to win a Social Security disability (SSDI) claim.  These should always be considered as a claimant maps strategy to get benefits approved:

 1.  MEET OR EQUAL A LISTING (20 CFR, §404, Subpart P, Appendix A). 

Listings provide a list of impairments or medical conditions that automatically qualify for disability--IF the signs and symptoms of the condition equal the severity specified in the Listing.

Most claimants who get disability benefits do NOT meet or equal a listing, but if they do it makes the approval process shorter and easier.  It pays to check.

II.    QUALIFY UNDER THE FRAMEWORK OF A MEDICAL-VOCATIONAL GUIDELINE (GRID RULE).  

To qualify under a grid, the claimant should be at least 50 years of age and have at least one exertional impairment.  Mental impairments cannot use the grids and persons under age 50 can't be approved by using the grids.

III.  PROVE THAT YOUR SYMPTOMS DO NOT PERMIT ANY PAST RELEVANT WORK OR ANY OTHER WORK WHICH EXISTS IN THE NATIONAL ECONOMY.

This is the path younger claimants (under 50) will take.  Obviously, this is the most difficult burden to prove.  In this category, it isn't enough to demonstrate that you can't perform your past work.  You must also demonstrate that you cannot perform any other work which exists in the US economy.  This "other work" will include unskilled sedentary work--often a rather repetitive, low paying job that many individuals wouldn't want. But if Social Security finds that you can perform any kind of full-time employment, your claim will be denied.

It's obvious that claimants age 50 and over have the advantage here.  Younger individuals do get approved but usually only if their impairment is very severe and they have support from one of their treating physicians.

An attorney/advocate can talk to you for a few minutes and evaluate which avenue your case should take.  The consultation is free and with no obligation.  This helps you set out on the proper course or to adjust mid-course if needed.  

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The Forsythe Firm

7027 Old Madison Pike, Suite 108

Huntsville, AL 3586

"The Disability People"

(256) 799-0297