3 KEYS TO WINNING DISABILITY CLAIMS

Winning Social Security disability claims requires specific, focused information targeted at the rules and regulations that govern the program. Here are 3 keys I use to win claims.

1. Frequency of doctor visits. Suppose you have one claimant who sees his doctor every 6 months. Another claimant sees his doctor every month. A judge can't give benefits to everyone. So, it's likely they will award benefits to the claimant with the most medical evidence. Not seeing your doctor regularly says to the judge, "The problem isn't as bad the claimant says, because he'd be going to the doctor more."

2. What the Medical Record Says. Medical records are usually not specific. It isn't enough for the doctor to say, "Patient has severe migraines." This leaves Social Security with too much wiggle room. However, if the doctor says in your record, "Patient has severe migraines 3 or 4 times a week, lasting about 4 hours duration, requiring him lie down in a quiet, dark place," this can be very useful. If your doctor says that you have a moderate degenerative spine disease in your lumbar spine, that's too general. We need him to say how long you can sit, stand, walk, and how much and how often you can lift.

3. Medical Source Statement. This is a form that explains how your medical problems translate into work limitations. Because your MRI show arthritic degeneration of your L4-L5 and L5-S1 vertebrae, how will this limit your ability to sit, stand, walk, stoop, and lift? How many minutes can you sit, stand, or walk? How's your limit on lifting and how often can you lift that weight limit? For example: "Patient is restricted to lifting no more than 10 pounds occasionally." Occasionally, by the way is defined in Social Security's regulations as: from very little up to one-third of the work day.l I sent these forms to doctors for all of my clients, and it increases my wins.

P.S. Social Security may send you to one of their doctors for a consultative examination (CE). Usually, those doctors find that you can walk into their office without help, can get on and off the examination table without help, and can touch your knees. You can work. But evidence from your own treating physician should trump the Social Security doctor and give Social Security a harder time denying your claim.

If we at the Forsythe Firm can help you figure out your Social Security disability claim, please talk to us. Free consultations are available an we never, ever charge a fee for representation unless you win and collect your back pay. Social Security at that time will deduct our authorized fee from your back pay and pay us directly. Reach us at (256) 799-0297.