WHY SOME CASES GET APPROVED AND OTHERS DON'T

Some disability claimants take time to find out what Social Security's rules are.  Some don't.  The ones who do are much more likely to get their benefits approved.

Social Security disability is not an entirely arbitrary process.  It has rules and regulations.  The law dictates who can get benefits and who can't.

Sometimes claimants lose sight of the fact that Social Security is an evidence-driven, proof based process.  It isn't enough to believe you are disabled, or to convince your attorney that you are disabled, or even to convince the judge that you are disabled.  You must use objective evidence to prove that you meet the agency's strict rules of disability.

I think I have a very different image of administrative law judges than the average client has.  The client sits in a hearing trying to say something to convince the judge that he/she is disabled.  I know better.  I picture the judge with a Social Security rule book in one hand and a pencil in the other.  He has a copy of Parts 1-99 of the 20 Code of Federal Regulations.  He is using a pencil to check off essential regulations that the claimant meets.  If all of the essential rules can be checked off, the claimant wins.  If not, the claim is denied.

What I'm saying is, it's a much more technical and objective process than most people realize.  Making a good argument is only effective if the argument is about how the case meets the rules and regulations and Social Security is legally obligated to pay the claim--according to the Code of Federal Regulations.

People often tell me, "My sister (uncle, brother, neighbor) got disability benefits without any problem."  And I'm thinking, "Yes, they proved that met the rules and regulations.  Probably had a good lawyer."

People who get approved proved that they met the rules (even if they didn't know it).  People who don't get approved failed to meet the rules (even if they didn't know it).  That's the big difference between winning and losing.
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The Forsythe Firm
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Huntsville, AL 35806
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