Saturday, March 7, 2020

WAYS TO WIN YOUR DISABILITY CASE ON APPEAL

There are 3 main ways to approach a Social Security disability claim on appeal (hearing).

1.  Meet or Equal a Listing.  About 10 percent of cases can be shown to meet a Listing.  When this happens, approval is automatic and straight forward.

2.  Meet a Medical-Vocational Guideline.  Only for claimants age 50 and over, these grids combine age, past work experience, residual functional capacity and education to line up a finding of disability.

3. Use Residual Functional Capacity (RFC) to show that you can't perform any work available in the national economy.  Here, a  detailed RFC from your doctor is of great help.  Most claimants get denied because the judge believes they can perform either light or sedentary work. We can use your doctor's RFC to prove this isn't possible.  This is how we tackle cases of younger claimants (under age 50) who don't meet a Listing level impairment.

These are very broad outlines of ways to win disability claims.  Putting together the details and presenting them effectively is the job of your lawyer or advocate.  

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