WHAT JUDGES LOOK for in DISABILITY HEARINGS

Proof is the main thing disability judges look for when they hold a hearing.

Many claimants go before judges thinking they can win their case. At the hearing, they are surprised to a very different challenge than they were prepared for. First, the judge speaks a "new language" that the claimant doesn't understand. He uses terms that have no meaning. And he demands specific answers that the claimant cannot provide.

Most claimants are prepared to offer allegations about their medical conditions. Allegations are things you claim or allege, but they are not proof. Social Security cannot take your word for your medical problems or how they affect your capacity to function in work related activities. The proof comes from your doctor and from objective medical evidence.

Here are some things you must prove to win:

1. You have not been working since your alleged onset date.

2. Your alleged impairment(s) will last or have lasted at least 12 straight months.

3. Your impairments are so severe that you can't perform any past relevant work.

4. Impairments are so severe that you cannot perform any other type of work.

5. You have not been engaged in non-work activities that can demonstrate your ability to work, i.e., bowling, coaching little league, ski vacation, working on your roof, etc.

It's easy to prove that you have an impairment (a medical condition that has cost you to lose some function. However, it can be very difficult to prove that you have lost so much function that you cannot work any full-time job. For example, why can't you be a receptionist, ticket taker, copy collator, or garment tagger? The fact that nobody will hire you, you can't find one of these jobs, or none of these jobs exist in your community will not help you at all.

Most denials occur because Social Security determines, "You cannot perform your last work; however, your records show that you can perform certain types of work which exist in the national economy." Pickle pusher, garment tagger, surveillance systems monitor, filing clerk. This is what you must overcome at your hearing.

Claimants are generally limited to talking about their medical problems and how they feel. "My back hurts all the time....I can't sit or stand very long....I can't lift my grandchild..., etc. This iss not proof. These are allegations and they are not enough to prove your case. The proof will come from your medical records and doctor's statements. Your representative will use these skillfully to show functions so limited that you cannot meet the demands of full-time work.

Studies show that claimants with experienced representation win up to 3 times more often. Contact the Forsythe Firm in Huntsville for a free case evaluation.