Thursday, October 12, 2017

"AM I LEGALLY DISABLED..."?

You are legally disabled and entitled to a monthly disability benefit if you have a medical condition that makes you unable to perform any full-time job that exists in the national economy - and this condition has lasted for 12 consecutive months-- or is expected to last that long.

Your medical condition may be physical or mental, or a combination of the two.  You will need good objective medical evidence to prove your case.

Even with good evidence, Social Security will deny 7 out of 10 applications.  Many of these claims can be won by waging an effective appeal, which will include attending a hearing.

One thing that can help your odds of winning is to get a Medical Source Statement from your doctor.  This is a form that lists specific limitations in your ability to perform work activities, such as walking, standing, lifting, bending, etc.  Social Security will not usually obtain this for you; it's up to your or your attorney/representative to get it.  I will say that a letter from your doctor is not nearly as good as a Medical Source Statement form.

The federal regulations make it very clear about what qualifies as a legal disability.  In order to get benefits, you must show that you meet the legal definition of disability according to the Social Security Act and the 20 Code of Federal Regulations.  This can be a difficult chore, even for persons who have legitimate disabilities.  The Forsythe Firm specializes in helping our clients prove their disability claims and obtain the benefits they deserve.

 

 

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