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Developing a Social Security Disability Case
Social security disability lawyers can assist you in filing a
disability claim, and also represent you in case a claim is
denied. A detailed medical record review is vital in this
regard.
People with physical as well as mental illnesses are entitled
to disability payments from the Social Security
Administration (SSA). SSDI (Social Security Disability
Insurance) comes with Medicare while SSI (Supplemental
Security Income) comes with Medicaid in most of the U.S.
States. Some states have different namessli!htly different
pro!rams. Social security disability benefits are paid to
millions of Americans every year" with more and more new
applications bein! filed each year. #li!ible candidates are
people who cannot wor$ for a year or more" or those whose
condition is li$ely to result in death. Disability of a person
is determined on the basis of medical evidence and
e%aminations by disability e%aminers at state a!encies who
wor$ with SSA doctors.
Working with a Disability Lawyer
Social security disability lawyers can assist disabled
individuals in filin! a disability claim" and also represent
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them in case a claim is denied. An attorney fi!htin! a
disability claim will need all the relevant medical records
that have to be submitted to the SSA at the ri!ht time
before the hearin!. &he disability attorney will perform a
detailed medical record review to determine whether the
claimant must under!o any additional testin! in $eepin!
with Social Security re'uirements re!ardin! the type of
tests re'uired to support a claim. &his is with a view to
have the medical chart reviews done in a timely manner
and accurately. A full review of all relevant medical
records will be carried out and the details presented in
chronolo!ical order. A medical case summary and analysis
of the medical events will also be provided. &his will
enable the attorney to have a clear idea of the nature of
disability" how it occurred and the e%tent of disability. &he
detailed analysis of the claimant(s medical records would
also reveal whether any important documents are missin!.
Finding the Medical Evidence to Support the
Disability Claim
&o win the case" the attorney will need the complete
medical history of the claimant" details of treatin! doctors"
tests and hospitali)ations under!one" medication list" side
effects and other relevant details. A claimant(s functional
limitations can sometimes be substantiated only by
supportive statements from doctors" and the attorney will
decide which doctors to approach for the same. It is the
attorney(s responsibility to decide which medical records
are to be submitted to the A*+ (Administrative *aw +ud!e)
who will hear the claimant(s appeal. &he bi!!est
responsibility of a disability attorney is to decide how to
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handle any bad evidence that may be dama!in! to the
claimant.
&o ar!ue the case effectively and win it" the attorney will
develop evidence as to how a claimant is disabled under
Social security disability law. ,or this" heshe will have to
prove any of the followin!-
&hat the applicant(s condition meets the re'uirements
of a .disability listin!/ in the SSA(s blue boo$. If your
condition is listed" the attorney will chec$ whether it
can be substantiated by the evidence available. In this
re!ard" the attorney may decide to re'uest an SSA
doctor to e%amine the claimant or as$ the claimant to
schedule the re'uired tests.
&hat the claimant cannot do any wor$" includin! your
past wor$. &he SSA has developed the .!rid system/
to determine if a person is capable of wor$in! based
on the hi!hest e%ertion level of a tas$ heshe can
perform (sedentary" li!ht or medium wor$)" hisher
a!e and education level. &o ar!ue the case usin! the
!rid" the applicant should have supportive statements
from hisher treatin! physician.
&hat the claimant(s e%ertion level is .less than
sedentary./ 0ere the attorney will loo$ to prove that
the applicant cannot perform even a sedentary 1ob.
&hat your .non2e%ertional limitations/ prevent you
from wor$in!.
Understanding Eertional and !on"eertional
Limitations
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*et us loo$ at what is meant by e%ertional and non2
e%ertional limitations. &hese denote impairments that
prevent a person from performin! wor$. #%ertional
limitations are those that affect one(s ability to meet the
physical re'uirements of a 1ob. &hese are stren!th related
and can affect a person(s capability to sit" stand" wal$" lift"
carry" push and pull. 3n the basis of one(s e%ertional
limitations" the SSA cate!ori)es the person(s 4,5
(4esidual ,unctional 5apacity) into-
Sedentary wor$
*i!ht wor$
Medium wor$
0eavy wor$
6ery heavy wor$.
7on2e%ertional limitations si!nify functional limitations
that have an impact on one(s capability to do wor$
activities that are not stren!th related. &hey include
physical limitations other than those mentioned above
under e%ertional limitations" as well as mental limitations.
Postural restrictions (difficulty in maintainin! postures
such as climbin!" crouchin!" crawlin! etc.)
Manipulative restrictions (usin! the fin!ers and hands
effectively to do a tas$)
6isual and communicative restrictions (difficulty to
see" spea$ or hear)
#nvironmental restrictions (difficulty to tolerate noise"
dust" heat and cold)
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Difficulty to wor$ because of an%iety" depression or
nervousness
Difficulty to pay attention or concentrate
Difficulty to understand or remember detailed
instructions
&o determine whether to prepare a mental or physical 4,5
for the candidate" the SSA will depend heavily on the
applicant(s medical records. &he attorney will therefore
ensure that the medical records that have the appropriate
symptoms documented are provided alon! with the medical
evidence submitted to the SSA.
#oing on to Win the Case on the $est %heory o&
Disability
If the claimant has a le!itimate case" a reliable disability
attorney will develop the case on the basis of the best
theory of disability. 0eshe will conduct a comprehensive
medical case review to understand all facets of the case"
arran!e for any additional tests that may be re'uired to
support the claim" and handle any ne!ative medical
evidence that may be present. &he claimant will be
prepared well for hearin! so that there is every chance of
winnin! the case.
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