WHAT MAKES YOUR DISABILITY CASE UNIQUE

by Charles W. Forsythe

Your disability case is unique:  there is no other case exactly like it.  

Sometimes, client's hear about other claimant's success or failure with Social Security and want to compare.  This is a mistake.  What happened in the other case, good or bad, has absolutely no bearing on your case.

Let's look at some things that make your disability case one-of-a-kind.

•  JUDGE:  Judges use the same regulations, rules and procedures.  However, their rulings are not uniform.  I am looking at disability judges in a nearby hearing office as an example.  The highest paying judge awards 67% of claimants who come before him.  The lowest paying judge in the same office awards only 25%.  The average award rate for the 10 judges in this office is 52%.  The same claimant can walk into Judge Number 1 and have a 67% chance of being approved.  The same claimant can walk into a hearing with Judge Number 2 with only a 25% chance.  Some judges are tougher than others--even with the same case.
•  Age.  Claimants age 55 and older have the best chance of being approved.  Next are those in the age 50-54 category.  Those under age 50 will, by national statistics, have the hardest time.  Age is a major consideration.
• Education. Education of the claimant pays a large part.  Those who are illiterate have the best chance.  Those with limited educations have the next best chance.  Claimants with a high school education or more generally have a poorer chance.
• Work History.  Your work history is important, including the types of work you have done--the skill level and exertion level involved, whether there are transferable skills--and whether you have a long history of steady employment.
• Medical Evidence.  This is probably the biggest factor.  No two sets of medical evidence are alike.  Even if you have the same medical condition as another claimant, your doctor's notes will be entirely different.  Severity is what matters.
• Meeting a Listing.  One claimant may technically meet one of Social Security's published listings.  Another claimant may not.
• Medical-Vocational Guideline (Grid Rule).  One claimant  may meet a medical-vocational guideline or Grid Rule that directs a finding of disabled.  Another claimant may not.
• OTHER FACTORS that affect the outcome of a hearing can be:  credibility of the claimant's testimony (some claimants testify better than others); alcohol or drug use, criminal history, past employment history, etc.  Claimants who have held the same job for 30 years will have more credibility than someone who has drifted from job to job over the years and has a lot of unemployment in his or her background. 

So, when you are tempted to compare your disability case with a family member, friend or co-worker, please remember this:  That person's case was unique.  There will never be another case just like his or hers.  Your case is unique to you.  Just because your friend got approved quickly and easily does not mean that you will.  Just because your friend was denied doesn't mean you will be.  

All of the above factors, plus many others, will be different in your case.  I know it's tempting to look at someone else's disability case and think, "If I could just duplicate her experience, I'd win my case quickly and easily."  That simply is not possible and it isn't true.  There simply are no duplicates in Social Security disability adjudication.  Every hearing is different.


SOCIAL SECURITY JUSTICE - WEBSITE