Did you know that many firms and national companies don't even have an attorney representing you in your application for social security disability benefits? Often a long term disability (LTD) carrier will hire a large national chain with a representative you will NEVER meet and isn't an attorney.
Most Social Security applicants (and some of these large national companies) don't understand what is required in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can't work at your last job. Instead you must prove that you have a "medically determinable disability" which prevents you from engaging in any "substantial gainful employment". The word "substantial" is important because you can earn a small amount of wages and still be eligible for disability benefits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benefits.
Secondly, there are regulations that Social Security attorneys refer to as "the Grid". The Social Security Administration recognizes different standards for claimants of different ages, levels of education and work backgrounds. Once the appropriate standards are determined, an attorney can determine whether the medical records are adequate to support the claim for disability. If not, an attorney may pose specific questions to a claimant's treating doctor(s).
Thirdly, it is important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, "How much can you lift". A bad answer would be "not very much". An answer like this doesn't help to describe the claimant's limitations. It should be noted that Social Security judges refer to something called "The Dictionary of Occupational Titles" for job information. This source describes the exertional requirements of all classified jobs that exist in the national economy. It is up to the claimant's attorney to prove that his client can't perform any substantial work for which he is qualified. In addition, "Social Security Judges" will often bring "vocational rehabilitation counselors" into a hearing in order to get clarifications as to the claimant's "work background", "work restrictions" and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor's testimony through effective cross-examination.
Finally, Social Security Hearings are informal and usually take about an hour, although they can vary in length, depending on the judge's format and the complexity of the case. Be sure to dress appropriately, as it is important to create a favorable impression. In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. The lawyers at MN Disability & Atkinson Law Office are ready to assist you in ALL aspects of your application from the “Initial Application” up to an including any necessary appeals. Feel free to contact attorney Tom Atkinson directly at 651-324-9514 or tom@mndisability with any questions. Also visit our web site at www.mndisability.com
