FACTORS IN DISABILITY CASES & HOW TO USE THEM IN YOUR FAVOR

 When you apply for disability benefits, Social Security will look at the following factors in seeing whether you meet their requirements for approval.  Learn what these factors mean and how to use them in your favor.

1.  Age.  If you are under 50, you must show that your condition is so severe that you cannot do any type of work full-time.  Rely on non-exertion factors such as poor memory, lack of concentration, inability getting along with others, needing lots of extra breaks, etc.  If you have serious physical symptoms, use them, as well.

2.  Education.  This plays a big role in the "grid rules," which look at whether a claimant can learn a new skill or adapt to a new job or career.  A claimant who did not complete the 11th grade has a "limited education," which may prevent employment in many types of jobs.  On the other hand, a college graduate is considered to be more employable and able to work at many types of jobs.  If you did not finish high school, or if you took special education in high school, make these points clearly.

3.  Past work experience.  Social Security looks at all your past job during the 15-year period before you filed for disability.  So, if you're filing in 2021, they look at your jobs from 2006 - 2021.  The more physically demanding these jobs were, the less likely you would be expected to return to them (or one like them).  So, emphasize the "exertional demands" of your past work:  walking/standing, lifting/carrying, bending, reaching, climbing, kneeling, etc.  One place to do this is on the WORK HISTORY REPORT, which is part of the application.  This form often gets filled out haphazardly, and decision makers never get a true picture of just how hard your past work was.  Make them aware.  Roofers are more likely to be approved than secretaries--because the work is more physically demanding.  Describe your job duties on all past jobs.

4.  Residual Functional Capacity (RFC).  This is a fancy term that simply means, "How much wok activity can you still do in spite of your impairments?"  Or, "What kind of functions can you still do, and how often can you do them?"

Example:  "The claimant can lift and carry no more than 10 pounds occasionally."

Example:  "The claimant can stand and/or walk for up to 15 minutes at one time, and up to 2 hours out of an 8-hour workday." 

If possible, get your doctor to give you a written statement (form) for your Residual Functional Capacity (RFC).  You have to ask for it (maybe beg for it) but it is a powerful piece of evidence in disability claims.  In your hearing, be sure to explain carefully what your physical and/or mental limitations are.  This is the key to Social Security decision making.

DISABIILTY APPLICATIONS IN ALABAMA (AND TENNESSEE)

 

The first step in getting disability benefits is to submit a detailed application. Many claimants find this challenging due to the sheer length and complexity of the application. After all, it's a series of forms designed by US government bureaucrats. (Not just one form, an entire series of forms).

One form that needs special attention in the application process is the Work History Report. I've seen thousands of applications where I represent denied claimants on appeal--and I never see a properly completed Work History Report. This form provides the decision makers with occupational details required to make vital decisions affecting approval of benefits. How much lifting did your past job(s) require? How much did you have sit during an 8-hour day. How much standing and walking? How often were you required to reach, stoop, kneel, crouch or crawl? Did you supervise others?

It's easy to skip this form in order to get the application "completed" quickly. Most people take a crack at it, but leave the important details blank. It comes back to haunt them when they get a denied claim. "We find that you are able to perform the demands of your past work," says the decision. That may because decision makers didn't understand the nature of the past work because the Work History Report was blotched. Once denied, your benefits are usually held up by 6 months to one year!

We are trained to pay attention to details when we file disability claims. Sure, it takes a lot of time and a lot of work. But even if the application is denied, we want a "squeaky clean" application to take to appeal. Filing an accurate, complete and "defendable" application can take hours, but its worth it. If we accept your case for representation, we will sit down with you and fill out the application to be sure it is as perfect as possible. There is no extra cost for this work. This attention to detail gives you a better chance to win your claim on the first round, and a stronger position if you need to appeal.

 

This information applies to filing an application in Alabama or Tennessee (or elsewhere).