THINGS THAT "WON'T FLY" IN A SOCIAL SECURITY HEARING

"Some things fly like a lead balloon."  When you know something just won't fly, it's best not to leave the ground with it.

Here are some statements that won't fly at a Social Security disability hearing.  I've given a brief explanation of why they don't fly.

1).  "The only job I can get is a minimum wage job and I simply can't live on minimum wage."  Why it won't fly?  This has absolutely nothing to do with being disabled.  How much a job pays has nothing to do with Social Security disability.  It is largely a vocational problem. The problem might be solved by job training or education but Social Security will not award disability benefits on this basis.

2).  "Everything was going well until one day my boss laid me off (or fired me, or something like that).  Since then, I've never been able to work."  Why it won't fly?  Here, the claimant doesn't even claim to be disabled.  There is no medical issue. There is no disability issue.

3).  "I used to drive a truck, and loved my job, but now my sugar is so high that I can't pass my CDL test and so I can't work."  Why it won't fly?  It leaves open the possibility that you could do several other jobs.  Also, Social Security does not consider the inability to get a license or certification to be a disability.  If a lawyer can't get a license to practice law, it doesn't mean that he is disabled.  It might be effective to argue that diabetes makes you so sick that you can't drive a truck, but I'd leave out the CDL argument.

4). "Several employers whom I asked for a job told me that because of my physical condition I would be a liability to the company and they would not hire me."  Why it won't fly?  Several reasons.  First, employers are not allowed to decide whether or not you are disabled.  Second, your argument is that no one will hire you, not that you are legally disabled.  Third, the argument is more of a legal argument than a medial argument supported by medical evidence).  

5). "I haven't been to a doctor in 5 years because I don't have any medical insurance.  Even so, I just know that I'm not able to work."  Why it won't fly?  It's really an unfortunate position to be in, and lots of folks are in this situation. And this person may really be disabled. However, a disability decision must be based on objective medical evidence. If there is none, the case just can't be approved.  Perhaps this claimant should try to be seen at a community medical clinic which has reduced fees or even a free clinic.

6).    "All of my medical care has been from a nurse practitioner, chiropractor, counselor or nutritional expert.  I think that care is as good as any and should be good enough for Social Security."  Why it won't fly?  In today's society, many people do get medical care from someone other than a medical doctor (MD) or doctor of osteopathic medicine (DO).  However, Social Security regulations are very strict about what they call "acceptable medical sources."  While there are some exceptions, generally Social Security requires medical evidence from an MD or DO to establish that you have a severe medical condition.  Recently, physician's assistants have been added to the list of "acceptable medical sources."  As of now, nurse practitioners and chiropractors are not on that list.  It is simply not a question of whether your care is good or not, it is a matter of what Social Security regulations recognize.

7).  "Uncle Ned got on disability when he was 19, never worked a day in his life and is as healthy as an army horse."  Why it won't fly?  Several reasons, the first of which is, Uncle Ned's case is not under consideration.  The second is, it has nothing to do with why the claimant can't work.  Perhaps the biggest reason, it will irritate the judge.