Developing a social security disability case

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Developing a Social Security Disability Case
Social security disability lawyers can assist you in filing a
disability claim, and also represent you in case a claim is
denied. A detailed medical record review is vital in this
regard.
People with physical as well as mental illnesses are entitled
to disability payments from the Social Security
Administration (SSA). SSDI (Social Security Disability
Insurance) comes with Medicare while SSI (Supplemental
Security Income) comes with Medicaid in most of the U.S.
States. Some states have different names/slightly different
programs. Social security disability benefits are paid to
millions of Americans every year, with more and more new
applications being filed each year. Eligible candidates are
people who cannot work for a year or more, or those whose
condition is likely to result in death. Disability of a person
is determined on the basis of medical evidence and
examinations by disability examiners at state agencies who
work with SSA doctors.
Working with a Disability Lawyer
Social security disability lawyers can assist disabled
individuals in filing a disability claim, and also represent

them in case a claim is denied. An attorney fighting a
disability claim will need all the relevant medical records
that have to be submitted to the SSA at the right time
before the hearing. The disability attorney will perform a
detailed medical record review to determine whether the
claimant must undergo any additional testing in keeping
with Social Security requirements regarding the type of
tests required to support a claim. This is with a view to
have the medical chart reviews done in a timely manner
and accurately. A full review of all relevant medical
records will be carried out and the details presented in
chronological order. A medical case summary and analysis
of the medical events will also be provided. This will
enable the attorney to have a clear idea of the nature of
disability, how it occurred and the extent of disability. The
detailed analysis of the claimant’s medical records would
also reveal whether any important documents are missing.
Finding the Medical Evidence to Support the
Disability Claim
To win the case, the attorney will need the complete
medical history of the claimant, details of treating doctors,
tests and hospitalizations undergone, medication list, side
effects and other relevant details. A claimant’s functional
limitations can sometimes be substantiated only by
supportive statements from doctors, and the attorney will
decide which doctors to approach for the same. It is the
attorney’s responsibility to decide which medical records
are to be submitted to the ALJ (Administrative Law Judge)
who will hear the claimant’s appeal. The biggest
responsibility of a disability attorney is to decide how to

handle any bad evidence that may be damaging to the
claimant.
To argue the case effectively and win it, the attorney will
develop evidence as to how a claimant is disabled under
Social security disability law. For this, he/she will have to
prove any of the following:
• That the applicant’s condition meets the requirements
of a “disability listing” in the SSA’s blue book. If your
condition is listed, the attorney will check whether it
can be substantiated by the evidence available. In this
regard, the attorney may decide to request an SSA
doctor to examine the claimant or ask the claimant to
schedule the required tests.
• That the claimant cannot do any work, including your
past work. The SSA has developed the “grid system”
to determine if a person is capable of working based
on the highest exertion level of a task he/she can
perform (sedentary, light or medium work), his/her
age and education level. To argue the case using the
grid, the applicant should have supportive statements
from his/her treating physician.
• That the claimant’s exertion level is “less than
sedentary.” Here the attorney will look to prove that
the applicant cannot perform even a sedentary job.
• That your “non-exertional limitations” prevent you
from working.
Understanding Exertional and Non-exertional
Limitations

Let us look at what is meant by exertional and non-
exertional limitations. These denote impairments that
prevent a person from performing work. Exertional
limitations are those that affect one’s ability to meet the
physical requirements of a job. These are strength related
and can affect a person’s capability to sit, stand, walk, lift,
carry, push and pull. On the basis of one’s exertional
limitations, the SSA categorizes the person’s RFC
(Residual Functional Capacity) into:
• Sedentary work
• Light work
• Medium work
• Heavy work
• Very heavy work.
Non-exertional limitations signify functional limitations
that have an impact on one’s capability to do work
activities that are not strength related. They include
physical limitations other than those mentioned above
under exertional limitations, as well as mental limitations.
• Postural restrictions (difficulty in maintaining postures
such as climbing, crouching, crawling etc.)
• Manipulative restrictions (using the fingers and hands
effectively to do a task)
• Visual and communicative restrictions (difficulty to
see, speak or hear)
• Environmental restrictions (difficulty to tolerate noise,
dust, heat and cold)

• Difficulty to work because of anxiety, depression or
nervousness
• Difficulty to pay attention or concentrate
• Difficulty to understand or remember detailed
instructions
To determine whether to prepare a mental or physical RFC
for the candidate, the SSA will depend heavily on the
applicant’s medical records. The attorney will therefore
ensure that the medical records that have the appropriate
symptoms documented are provided along with the medical
evidence submitted to the SSA.
Going on to Win the Case on the Best Theory of
Disability
If the claimant has a legitimate case, a reliable disability
attorney will develop the case on the basis of the best
theory of disability. He/she will conduct a comprehensive
medical case review to understand all facets of the case,
arrange for any additional tests that may be required to
support the claim, and handle any negative medical
evidence that may be present. The claimant will be
prepared well for hearing so that there is every chance of
winning the case.

Developing a social security disability case

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Developing a social security disability case