SOCIAL SECURITY JUSTICE (256) 799-0297

In most cases, Social Security tries to be fair and do the right thing.  However, it's a large federal government agency, it is understaffed, overworked and bogged down with thousands of rules and regulations.

You may need some help getting Justice from the Social Security system--especially if you're applying for a disability benefit.

The problem is, Social Security has a lot of discretion on disability claims.  There are hundreds of ways they decide that you are not eligible for benefits.  Mainly, denials involve failing to prove a disabling condition to their satisfaction.

Here's what you must prove to get a disability check:

1)  You have a severe medically determinable impairment (MDI).

2.  You have had this impairment for at least 12 consecutive months OR can reasonably expect to have the impairment for 12 consecutive months.  (Shorter term impairments are not covered). 

3.  Your impairment makes it impossible for you to perform your past jobs AND any other jobs which exists in the US economy in significant numbers. 

For example, let's say that David, our claimant, worked as a roofer for 15 years.  He is 46 years old. The Dictionary of Occupational Titles (DOT) classifies a roofer as Medium exertion work.  This means that David had to stand or walk at least 6 hours out of an 8 hour day, and had to frequently lift 25 pounds and occasionally lift up to 50 pounds.  He also had to climb, kneel, crouch, stoop and balance.  David has developed a bulging disc in his back and can no longer perform this work.  He can't climb, stand, walk, stoop, crawl or lift--all of which were required in the roofing job.

Social Security finds that David can no longer sustain the job demands of roofer.  However, they find that he can do easier work that does not require heavy lifting, frequent stooping,climbing or prolonged standing/walking.  They offer the following examples of jobs David may still perform: (1)  food and beverage order clerk (2) sorter-inspector, and (3) bench assembly - small products.

Since David can still perform some types of work, he will be denied.  David could argue that he can't find one of the new jobs that Social Security describes, that nobody is hiring for those jobs, that he doesn't want to do those kinds of work or that none of those jobs exist in David's state.  However, those arguments will do not good.

How can David fix his Social Security denial?  He will need to appeal within 60 days (strict deadline) and ask for a hearing before a US Administrative Law Judge (ALJ).  At the hearing, David will need to provide additional medical evidence if it is available.  He will also need to challenge Social Security's assumption that he can perform other types of work 8 hours a day, 5 days a week, regularly and consistently.

For example, David may have back or leg pain that makes it impossible for him to sit for prolonged periods.  Because of his bulging lumbar discs, he may not be able to stoop.  Occasional stooping is required in nearly all types of work.  Also, David may be absent a few days a month due to pain or medical treatment, such as continuing physical therapy.  The case must be made at the hearing that David is also unable to sustain any type of full time work which exists in the US economy.

To prevail, David needs good objective medical evidence.  He will need X-rays or an MRI showing his bulging disc.  He will need to show medical treatment that attempted to relieve his back pain--but failed.  Also, he will need to question the vocational expert that Social Security will bring to his hearing.  Questions to the vocational expert must be put forth using "vocational terms" that are specific and according to Social Security's rules.  In short, the judge must be convinced that David cannot be a roofer--and that he is also not physically able to be a full time food and beverage order clerk, sorter-inspector, small products assembler or a parking garage attendant.

So, you can see that the burden of proof for David is very high and very difficult.  Unless David knows Social Security regulations, knows how vocational testimony must be framed, and understands the specific burden of proof under which he labors, he will have a very difficult time winning his case.  David needs an experienced Social Security disability lawyer or advocate who attends these hearings every day and knows the process, procedures and rules thoroughly.  This will not guarantee David a victory; however, it greatly increases his odds.

My firm has handled thousands of disability hearings.  We only earn a fee if the claimant wins and recovers back pay.  David would have nothing to lose by hiring up to represent him at the hearing.  He might have a lifetime income to gain.