WHAT MAKES A STRONG DISABILITY CASE?

Several things indicate that you have a strong Social Security disability case. I'm listing some of the marks of a strong case; however, no single case has all these attributes. But here are the things I'd wish for in the perfect disability case. (How many of these fit your case)?

• You have worked at last 5 out of the most recent 10-year period, thus you have enough work credits to be covered under the Social Security Act. This is actually a requirement for filing. Without sufficient work credits, a claim won't be considered.

• At least one severe medical condition that has lasted at least 1 year and is severe enough to prevent the ability to work. (If you are able to work, you will not qualify).

• A solid work history at one job (or one type of job) for several years in the past.

• Age 50 or over for the best chance to be approved (Some younger people do win).

• Seen by the same doctor(s) for least 2 years.

• At least one treating doctor supports a disability claim.

• For physical impairments, there are imaging studies such as MRIs, CT scans or lab tests.

• For mental impairments, there is a long record of treatment by a psychiatrist or psychologist and proper medical remedies have been attempted without success.

• The claimant has followed all recommended treatment.

• There is no recent history of drug or alcohol abuse, including prescription drug abuse.

• Claimant has not received any unemployment benefits during the period of alleged disability. (Unemployment benefits indicate that you are looking for work, thus not disabled).

Does any one claimant meet every one of the above attributes? Probably not. A claimant who meets the first requirement and most of the others is still a good case.

A disability lawyer or advocate will first evaluate your claim to see how strong it is. If your claim is weak, the lawyer may decline to work on the case. If the claim shows a good chance for success, he/she may agree to represent you with no fee unless you win and receive a back pay settlement.

The fact that many people file claims without any evaluation of the merits of the claim probably explains the fact that about 70 percent will be denied at the application level. When an attorney signs on to your case, it means that he/she has evaluated the case and determined that it has a reasonable chance for success.