LEARN WHAT I CAN DO FOR YOU

Social Security defines disability as an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than 12 months or result in death.”

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In order to win your case your medical records should reflect how an impairment, or a combination of impairments would prevent you from working a simple, entry level, sit-down type of job. There are many things SSA reviews to find you disabled. You may need to prove that your capacity to work has been so reduced by your medical problems that you would not be a reliable employee. If you are over 50 with a physical impairment, Social Security recognizes that you will have a more difficult time finding full time employment.  This is especially the case if you have an unskilled work background and less education.  These assumptions have been incorporated into the law in the form of Medical Vocational Guidelines. 

Some medical conditions are so severe that if you have been diagnosed with certain conditions and have medical documentation of tests, evaluations and treatment, you may win automatically.

While a doctor may have an opinion on our disability due to a diagnosis, it is not the deciding factor in a Social Security Disability case. Their opinion is just that, an opinion. It can be used as supporting evidence that substantiates your claim of disability, but a disability examiner, working with an Agency doctor, will make the Initial and Reconsideration Decisions. If your claim is again denied at reconsideration, you are then afforded an opportunity to request a hearing. At this point, the case is sent to an Administrative Law Judge who works for the Social Security Administration. Following a hearing, an Administrative Law Judge will enter their independent decision based upon your claim and the medical documentation provided.