CLARITY of PURPOSE: FOCUS IN DISABILITY CASES

The Social Security disability laws are tough. Award rates are way down.

The claimant needs clarity of purpose and focus to win.

WHAT IT IS: Social Security Disability Insurance (SSDI) pays only for disability. They define disability as a severe medical impairment, lasting at least 12 straight months, that prevents all full-time work.

WHAT IT IS NOT: It is not unemployment benefits, short-term disability or sick leave, or coverage for losing your job or not being able to find work. It doesn't pay for any of these things.

FOCUS: You must focus on how your disability makes you unable to work--in very specific terms. The government calls this "Residual Functional Capacity" or RFC. In short, in spite of your symptoms, how much can you lift, bend, kneel, squat, crouch, crawl, sit, stand, reach, etc.? You may use mental restrictions like memory, concentration, dealing with others, etc. as part of your RFC. But claiming or stating these restrictions isn't enough: they must be proven with objective medical evidence.

Knowing what to focus on, and what not to, is the first part of a winning disability strategy. It also helps if you know the Social Security regulations.

It is virtually impossible to win a SSDI or SSI case using a generalized "I know I can't work" approach. This nearly always fails because it does not meet the government's regulations for proving disability under its very strict, narrow definition.

Talk to your attorney/representative about focus and specific facts that will help prove your claim. He or she is the one who understands exactly what you need to prove, and how to go about it.

For a free consultation and case evaluation, contact the Forsythe Firm at (256) 799-0297.