HOW DO WE EVALUATE YOUR DISABILITY CASE?

As Social Security disability advocates, the Forsythe Firm often has to evaluate a disability case to see what its merits and weaknesses are. The critical factors of any Social Security disability case are:

• the claimant's age
• residual functional capacity (the most you are able to do, functionally)
• education
• past work history
• duration of the impairment (how long it has lasted or is expected to last)

We will also need to determine whether you are now engaged in "substantial gainful activity (SGA)."  In 2015 if a person is working and earning at least $1,090 per month in gross wages, tips, salary or commissions, he is performing substantial gainful activity and is not eligible for Social Security disability benefits, no matter how severe his/her impairments may be, or what his or her age is.  In short, a person cannot work full-time and collect SSDI at the same time.

A small percentage of claimants may meet a Listing set forth in 20 CFR 404. Subpart P, Appendix I.  These individuals have very severe impairments which are very specifically defined in the Listing and should qualify for SSDI benefits if they are not working and if their impairment has lasted or is expected to last at least 12 months OR end in death.  Most claimants, however, will not meet a Listing level impairment.

Further, we will evaluate your claim to determine if a Medical-Vocational Guideline is met.  Generally speaking, these "grid rules" are easier to meet for individuals who are at least 50 years of age with limited education and unskilled work experience.  Others could also meet a grid rule.

If a claimant does not meet a Listing or a Medical-Vocational Guideline, we must determine whether he/she can perform any job which exists in the national or regional economy.  The bottom line here is often whether a claimant can perform unskilled sedentary work.  By "work," we mean work that is performed 8 hours a day, 5 days per week or an equivalent schedule, on a persistent basis.  

These are certainly not the only factors to be considered but they are major considerations in evaluating the odds of getting Social Security disability.  At the Forsythe Firm, all case evaluations are free and without obligation.  Keep in mind that opinions can vary from one representative to another.  Even if we may not agree to represent you it does not mean that another representative will not and it certainly does not mean that your case cannot be successful. 

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