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Listen Up: Here Are Five Reasons Why Judges Approve Social
Security Disability Claims
by Scott E.
Davis, Esq.
The majority
of individuals applying for Social Security disability have to
appear before a judge to win their case; therefore, it is
critical to understand how judges think and why they approve
claims.
But if you’ve
never appeared before a Social Security judge, how would you
know how they think? One way is to spend time with them.
During my
career as a Social Security Disability attorney I have
appeared and won cases before over 300 judges in over 40
states. More important is the fact that whether the judge
is in Phoenix, Tucson, Las Vegas, or Reno, my firm has
consistently won difficult cases at a significantly higher
rate than the average claimant.
This
experience has provided a unique understanding of how judges
think, the evidence they find persuasive and why claims are
approved.
There is no
“one size fits all,” but the following evidence either
singularly, or in combination, is what almost every Social
Security judge must resolve in your favor before approving a
claim.
My experience
confirms social security disability claims are approved
because of these reasons. Thus, I suggest you try to
incorporate some or all of the following reasons why judges
approve claims in preparing your disability case.
Reason
#1: The judge finds you have a solid work record
Credibility is
the central component of your case.
Judges base
credibility determinations on work history, medical records,
physicians’ opinions regarding work and to a lesser extent,
what attempts if any, you’ve made to return to work.
Work history
is important…indeed, one judge told me it is the first thing
he reviews. A judge is not concerned with how much you
made, but whether you have consistently worked and paid
social security taxes.
If you have a
solid work history, the judge will usually find your story
credible. If you do not, your claim is not automatically
denied but a judge is more likely to scrutinize
inconsistencies in your story.
Reason
#2: The judge finds your case is well documented
I have
represented clients in countless hearings where it was clear
the judge decided to approve the claim before the hearing; the
hearing was a mere formality.
In fact, most
disability claims are won or lost prior to the hearing.
Why? Because proving you are disabled is the product of many
months or years of medical and vocational documentation that
cannot be manufactured the day of the hearing. I often tell
people if you’re actually trying to win the case on the day of
the hearing, you’re probably in trouble.
Prior to the
hearing, judges expect your claim to be well documented with
relevant medical records, disability letters/work limitations
from your physicians, and statements from lay people who know
you well. This documentation should be obtained and submitted
for review by the judge before your hearing. The totality of
this evidence should tell the judge what they want to know
before they ever see you.
Developing
your case and having a strategy to win literally years prior
to the day of the hearing is critical and a compelling reason
to retain an attorney who specializes in disability law before
or soon after filing your claim. It costs nothing to hire an
attorney and you only pay a fee from your back benefits if you
win; therefore, I recommend hiring one even before you file
your claim
Reason
#3: The judge finds your medical records
are consistent with your testimony at the hearing
When your
medical records confirm your testimony at the hearing, you
should win your case. Why? Well documented medical records are
the number one reason judges approve claims.
Disability can
be based on any documented medical diagnosis that has a
significant impact on your ability to function. Judges listen
to your testimony at the hearing, but what they really want is
to see the story reflected in your medical records. Do you
have a proper diagnosis? Have you treated consistently with
physicians and have you been seen by medical specialist(s)?
Have you complied with treatment recommendations?
Do your
records confirm your testimony regarding the frequency,
severity and duration of your symptoms and why they limit your
ability to function?
Are you taking
medication(s) or receiving treatment which suggests your
medical condition is serious and debilitating? Do you have
significant side effects from medications that would affect
you in a work environment? Judges will thoroughly review
medical records on these issues and before approving the claim
must find the answer to most of these questions is “yes.”
Reason
#4: The judge finds your treating physicians
support your claim and have rendered persuasive
written opinions regarding your inability to work
In a social
security disability claim, medical records are the “cake” and
treating physicians’ opinions are the “icing.”
Judges want to
see that your doctors support your disability claim and
usually expect to see written opinions in the form of
narrative letters and medical source statements prior to the
hearing. It is possible to win without a physician’s support,
but it is much more difficult.
Federal law
requires the judge to carefully consider your physician’s
opinion and may require the judge to actually adopt their
opinion. Thus, if the doctor believes you are disabled and
specifically states why, the judge may be bound to accept the
opinion which means you're now in the homestretch to claim
approval.
Treating
physician’s opinions must be specific and set forth physical
and/or psychological limitations you have in a work
environment. In other words, restating your diagnosis is
usually not enough; the doctor needs to explain why your
medical conditions prevent you from working.
Medical
records are critical at this step because your physician’s
opinion can only be adopted and will only make sense if his or
her medical records support and document the reasons why the
physician believes you are disabled.
Treating
physician’s opinions are critical to success and like medical
records cannot be manufactured on the day of the hearing, it
usually takes months and years to earn the trust and support
of a doctor in a disability claim.
Reason
#5: The judge is persuaded by other
evidence that supports your claim
Judges
frequently find “other evidence” in my clients’ cases such as
affidavits from co-workers, family and friends and personnel
records documenting excellent or poor performance (and work
absences) prior to the date you became disabled to be
compelling. I use this evidence (and suggest you do) in
literally every case because judges have to consider it.
This evidence corroborates and provides lay witness support
for your testimony, your physicians’ opinions and your medical
records.
I wish you the
best of luck and remember…winning your case is a matter of
perseverance, preparation and executing a thoughtful strategy
that should be created many months before your hearing before
a social security administrative law judge.
Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation.
Call (602) 482-4300, 8:30 am to 5:30 pm, Mon. to Thu., or email: info@scottdavispc.com.
Visit his website at
www.ScottDavisPC.com.
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