My Doctor Says I Can't Work. Will my Disability Claim be Approved?

It seems like common sense that Social Security would consult your medical records and rely on the professional opinions of your doctors when making a disability decision.  After all, who knows more about you and your condition that the physicians who treat you?

Unfortunately, it is not as simple as that. Social Security has its own rules for determining your eligibility for benefits and your doctor's opinion alone is not enough.  Getting your claim approved is usually more complicated.   In order to be approved for benefits, you must first provide documentation of your medical conditions.  If your conditions are considered severe enough to meet Social Security's Listing of Impairments, you can be approved at this step.  Unfortunately, few applicants win their cases in this way.

Most people must go to the hearing level.  There, a judge will look at your medical records, then consider your ability to perform the work you did in the past.   I recently spoke to a man from Antioch who had done heavy construction work until a back injury forced him to leave his job.  In a case like this, it is often possible to show that the person could not return to a previous job.  However, the inability to return to your past work is still not enough to win.

At the hearing level, you must show not only that you cannot perform your past job, but that you cannot perform any job.  SSA will hire a vocational expert (VE) to testify about your ability to do work, given your medical limitations. The VE will frequently testify that claimants are able to perform a hypothetical job that exists somewhere in the country.   If that testimony cannot be refuted, there is a strong chance the judge will deny your claim based on the testimony of the vocational expert.

This is where having good representation makes all the difference.  An experienced representative will cross-examine the vocational expert to ensure that all limitations imposed by your medical conditions are being appropriately considered.  Refuting the vocational expert's testimony successfully is critical to winning your case, but it is very difficult for a claimant to do this without prior experience in disability hearings.

If you have questions about the process of applying for benefits, we are here to help.  You owe nothing for our services unless we win benefits for you.  We serve clients throughout middle Tennessee, including Davidson, Williamson, Maury, Rutherford and Giles Counties.  We also have offices in Huntsville and serve disability claimants throughout north Alabama.

Don't put your benefits at risk by going it alone.  Give us a call today or visit our website for more information.

(615) 732-6159
Franklin, TN office
   
(256) 799-0297   
Huntsville, AL office     

www.ForsytheDisability.com