SOCIAL SECURITY DISABILITY LAW BLOG

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Sequential Evaluation Step 3: Listing of Impairments

March 9th, 2012

Every claim for Social Security disability benefits is evaluated according to a five-step sequential evaluation process. Here, I will provide a brief overview of Step 3.

At Step 3 of the sequential evaluation process, the decision-maker considers whether you have a Listings impairment. The Social Security Listing of Impairments (the “Listings”) establishes criteria for more than 100 physical and mental conditions that Social Security deems so severe as to be disabling as a matter of law. If the medical evidence in your case demonstrates that your impairment meets the criteria for a Listings impairment, then you are disabled and you will be awarded benefits.

If your impairment does not meet the requirements of a Listings impairment, you still may be awarded benefits if your impairment “medically equals” a Listings impairment. You may be able to establish medical equivalency if:

(1) Even though you lack one of the essential findings stated in the Listings for your particular impairment, you have evidence of other findings;

(2) You have all the essential findings of a Listings impairment, but one (or more) of those findings is not severe enough, and you have other findings;

(3) Your condition does not appear in the Listings, but it is just as severe as a similar impairment that does appear in the Listings; or

(4) You have several impairments that, standing alone, do not meet the Listings requirements, but when considered as a whole, do equal a Listings impairment.

In addition, the decision-maker may be able to evaluate how the medical findings in your case, your symptoms and your functional limitations compare with those of another a claimant whose impairment meets a particular Listing. In any event, the decision-maker must receive medical opinion evidence from an expert retained by the Social Security Administration before making a “medically equals” finding.

Determining whether you have a Listings impairment is a complicated matter. A Detroit disability lawyer can help your case by making sure the Social Security Administration has complete, current and accurate medical information regarding your condition.

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Three things you can do to improve your chances of obtaining Social Security disability benefits

February 22nd, 2012

Although you may be feeling powerless in your dealings with the Social Security Administration, there are three important things you can do to improve your chances of success.

First, seek the appropriate medical attention for your disability and continue to obtain medical attention, even if you think it might not be helping you. Many people with long-term medical conditions start to feel that their medical treatment is not helping them, and they stop treatment. Do not make this mistake. If you have a chronic medical condition, you need medical attention to maintain your health. Moreover, medical treatment and the records detailing that treatment will play a critical role in Social Security’s decision to grant or deny you benefits.

Second, file an appeal if your initial application for benefits is denied. Statistically, Social Security denies most initial applications and requests for reconsideration. However, more than half of all applicants who appeal their claim to a hearing before an administrative law judge are awarded benefits. Don’t let a denial letter be the end of your claim.

Third, enlist the help of a knowledgeable Detroit disability lawyer. A lawyer can help you gather relevant evidence and can make a legal argument to the judge, explaining why the facts of your case support an award of benefits. If you choose to, you may go through the entire application and appeals process on your own. Your chances of success will be greatly improved, however, if you let an experienced Detroit disability lawyer guide the way.

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Describing Pain Symptoms in Your Detroit Disability Claim

February 15th, 2012

If you have significant pain that has diminished your quality of life, you may be entitled to receive disability compensation.

Critical to winning your physical disability claim is verifying the extent of your impairment. You can help your chances greatly by clearly and completely describing your symptoms. Generally you will need to describe the pain in detail, including how it has been treated and what restrictions have resulted.

In describing specifically the pain you experience, it is important to indicate its origin and location. You also need to explain in detail the nature of your pain, i.e. whether it is tender to the touch; how often it comes and how long it lasts; what seems to bring on the pain or exacerbate it; whether you experience muscle spasms; and if there is numbness. You also need to indicate whether the pain travels to other parts of the body, and if so, how often this occurs. The severity of the pain and whether it is constant are also important. Finally, you need to explain whether there are other symptoms associated with the pain.

Detail the treatment you have received. Include what kinds of doctors have seen you, how often, and whether their treatments have helped. Indicate any medications that have been prescribed to you, and their efficacy. Include a description of any side effects you have experienced with these medicines, e.g., drowsiness, dizziness, problems with concentration, discomfort, nausea, or effects on your reflexes.

You likely also have sought out other ways to treat your pain besides traditional doctors, and it is important to list these in your case. These treatments may range from home remedies (hot baths, ointments, heating pads, etc.) to acupuncture and massage therapy.

Finally, you need to explain how the pain has impaired your daily life. Include how your sleep habits may have diminished, whether you have depression, anxiety, or difficulty with concentration. Specify whether you are using assistive devices such as a cane, walker, brace, or special chair. How has the pain affected your ability to work?

I have extensive experience as a Detroit disability lawyer, helping individuals establish the debilitating nature of their pain. Please contact me if you would like to talk about your case.

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Sequential Evaluation Step Two: 12 Months Duration

January 9th, 2012

To recover benefits, your disability must have lasted or be expected to last for 12 continuous months. The 12-month period could be met even if your impairment comes and goes with limited periods of improvement but longer periods of impairment that prevent you from engaging in substantial gainful activity on a sustained basis. However, the SSA regulations specifically prohibit stringing together unrelated impairments to meet the duration requirement. Detroit disability attorney Marc Shefman can give you the advice you need about your particular disability.

The SSA may deny your benefits based on the duration requirement if 12 months has not yet passed at the time of the decision and the impairment is a type that is probably going to improve within 12 months. For those types of impairments where it’s unclear whether they will improve before the 12-month duration requirement is met, sometimes a SSA decision-maker will delay a decision to see if the impairment persists. Because the SSA administrative procedure is often slow, the 12 months have usually passed by the time you actually attend a hearing, thus allowing the judge to make an accurate determination.

If you meet the 12-month duration requirement, and then your condition improves to the point that you can return to work, you may ask for a determination of a closed period of disability so that you can receive benefits for that 12-month period.

For advice about your particular situation, contact Detroit disability attorney Marc Shefman.

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Common disability hearing questions re: work history and educational background

December 18th, 2011

If you have a Social Security disability hearing coming up, you are probably anticipating a great number of questions about your impairment, your symptoms, and your daily activities. You should also be prepared to answer questions about your work history and your educational background. You must be able to explain why, given your education and work history, you can no longer do the easiest job you have held in the past 15 years. If you cannot do this, your claim for disability benefits may be denied.

I advise my Detroit disability clients to be prepared to answer questions similar to the following:

Q:        Tell me all the significant jobs you’ve held in the past 15 years. For each job:

Q:        Describe your job duties.

Q:        How much weight were you required to lift on the job?

Q:        How many hours each workday did you spend sitting, standing and walking?

Q:       Did you have any difficulties performing your duties in any past job because of your health? Tell me about that.

Q:        Why did you leave each of your former jobs?

Q:        Describe your job skills. [Caution: It is very easy to exaggerate in response to this question and to “puff up your resume,” so to speak. Avoid that common pitfall. Describe your skills accurately and honestly.]

Q:        How long do you think it would take an average person to learn to do each of your previous jobs? [If the judge asks this question, he is trying to get a sense of the degree of skill involved in a particular job.]

Q:        What is the highest grade you completed in school?

Q:        Did you receive any training in the military?

Q:        Have you had any formal vocational training or on-the-job training? [Note: If you have recently completed schooling or training that might qualify you for a skilled job, this is an important piece of information. Make sure your Detroit disability lawyer is aware of this fact.]

If you would like to talk about your upcoming hearing, and you are not currently represented by a Detroit disability attorney, please contact me.

Posted in Blog, Disability hearings, Work experience | No Comments �

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