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Developing a Social Security Disability Case Social security disability lawyers can assist you in filing a disability claim, and also represent you in case a claim is denied. A detailed medical record review is vital in this regard.
People with physical as well as mental illnesses are entitled to disability payments from the Social Security Administration (SSA). SSDI (Social Security Disability Insurance) comes with Medicare while SSI (Supplemental Security Income) comes with Medicaid in most of the U.S. States. Some states have different names/slightly different programs. Social security disability benefits are paid to millions of Americans every year, with more and more new applications being filed each year. Eligible candidates are people who cannot work for a year or more, or those whose condition is likely to result in death. Disability of a person is determined on the basis of medical evidence and examinations by disability examiners at state agencies who work with SSA doctors.
Working with a Disability Lawyer Social security disability lawyers can assist disabled individuals in filing a disability claim, and also represent http://www.mosmedicalrecordreview.com/ 18006702809
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them in case a claim is denied. An attorney fighting a disability claim will need all the relevant medical records that have to be submitted to the SSA at the right time before the hearing. The disability attorney will perform a detailed medical record review to determine whether the claimant must undergo any additional testing in keeping with Social Security requirements regarding the type of tests required to support a claim. This is with a view to have the medical chart reviews done in a timely manner and accurately. A full review of all relevant medical records will be carried out and the details presented in chronological order. A medical case summary and analysis of the medical events will also be provided. This will enable the attorney to have a clear idea of the nature of disability, how it occurred and the extent of disability. The detailed analysis of the claimant’s medical records would also reveal whether any important documents are missing.
Finding the Medical Evidence to Support the Disability Claim To win the case, the attorney will need the complete medical history of the claimant, details of treating doctors, tests and hospitalizations undergone, medication list, side effects and other relevant details. A claimant’s functional limitations can sometimes be substantiated only by supportive statements from doctors, and the attorney will decide which doctors to approach for the same. It is the attorney’s responsibility to decide which medical records are to be submitted to the ALJ (Administrative Law Judge) who will hear the claimant’s appeal. The biggest responsibility of a disability attorney is to decide how to http://www.mosmedicalrecordreview.com/ 18006702809
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handle any bad evidence that may be damaging to the claimant. To argue the case effectively and win it, the attorney will develop evidence as to how a claimant is disabled under Social security disability law. For this, he/she will have to prove any of the following: • That the applicant’s condition meets the requirements of a “disability listing” in the SSA’s blue book. If your condition is listed, the attorney will check whether it can be substantiated by the evidence available. In this regard, the attorney may decide to request an SSA doctor to examine the claimant or ask the claimant to schedule the required tests. • That the claimant cannot do any work, including your past work. The SSA has developed the “grid system” to determine if a person is capable of working based on the highest exertion level of a task he/she can perform (sedentary, light or medium work), his/her age and education level. To argue the case using the grid, the applicant should have supportive statements from his/her treating physician. • That the claimant’s exertion level is “less than sedentary.” Here the attorney will look to prove that the applicant cannot perform even a sedentary job. • That your “non-exertional limitations” prevent you from working.
Understanding Exertional and Non-exertional Limitations http://www.mosmedicalrecordreview.com/ 18006702809
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Let us look at what is meant by exertional and nonexertional limitations. These denote impairments that prevent a person from performing work. Exertional limitations are those that affect one’s ability to meet the physical requirements of a job. These are strength related and can affect a person’s capability to sit, stand, walk, lift, carry, push and pull. On the basis of one’s exertional limitations, the SSA categorizes the person’s RFC (Residual Functional Capacity) into: • • • • •
Sedentary work Light work Medium work Heavy work Very heavy work.
Non-exertional limitations signify functional limitations that have an impact on one’s capability to do work activities that are not strength related. They include physical limitations other than those mentioned above under exertional limitations, as well as mental limitations. • Postural restrictions (difficulty in maintaining postures such as climbing, crouching, crawling etc.) • Manipulative restrictions (using the fingers and hands effectively to do a task) • Visual and communicative restrictions (difficulty to see, speak or hear) • Environmental restrictions (difficulty to tolerate noise, dust, heat and cold) http://www.mosmedicalrecordreview.com/ 18006702809
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• Difficulty to work because of anxiety, depression or nervousness • Difficulty to pay attention or concentrate • Difficulty to understand or remember detailed instructions To determine whether to prepare a mental or physical RFC for the candidate, the SSA will depend heavily on the applicant’s medical records. The attorney will therefore ensure that the medical records that have the appropriate symptoms documented are provided along with the medical evidence submitted to the SSA.
Going on to Win the Case on the Best Theory of Disability If the claimant has a legitimate case, a reliable disability attorney will develop the case on the basis of the best theory of disability. He/she will conduct a comprehensive medical case review to understand all facets of the case, arrange for any additional tests that may be required to support the claim, and handle any negative medical evidence that may be present. The claimant will be prepared well for hearing so that there is every chance of winning the case.
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