There are five reasons Judges approve Social Security Disability Claims. However, this article will explain all five reasons.
Reason #1: The Judge finds you have a solid work record
Specifically, credibility is the important part of your Social Security Disability (SSD) case.
Yet Judge’s base credibility determination of medical records, physicians’ opinions concerning your work ability and to a smaller degree. For example, what attempts you made to return to work, if any.
But work history is important for SSD cases. As a result, the first thing Judges review is work history. However, a judge not interested in how much you made, but have you worked and paid Social Security taxes.
Provided you have a solid work history, the judge finds your story credible. If you do not have a solid work history, your claim is not automatically denied. But a Judge is likely to examine your story closely.
Reason #2: The Judge finds your case is well documented
Sometimes there been countless hearings, even though it was clear the judge decided to approve the claim before the hearing. The appeal hearing was a mere formality.
Actually, most SSDI claims lost or won prior to the hearing. Why? Due to proving you are disabled and many months of years of medical and vocational documentation that cannot completed the day of the hearing? Now if you are trying to win the case the day of the hearing, you probably in trouble.
Yet before the prior hearing, Judges believe your claim to have well documented with relevant disability letters/work limitations from your physicians, statements from people who know your disability, and medical records. All documentation should be submitted for review to the Judge before your hearing. As a result, the evidence will tell the Judge what they want to know about your SSD case before they ever see you. Establishing your case is a strategy to win simply because of years prior to the day of the hearing is critical.
However, hiring and retaining an attorney who specializes in disability law before or soon after filing your appeal claim. It costs nothing to hire an attorney you only pay a fee for your back benefits if you win. The attorney only allowed 25% or $6,000 maximum of your back pay benefits. I recommending finding an SSDI attorney with a nursing degree or a degree in the healthcare field.
Reason #3: The Judge finds your medical records matches your testimony at the hearing
When your medical documentation matches your testimony at the hearing, you should win your SSD case. Why? With documented medical records are the number one reason Judges approved SSD claims. Yet disability claims based on any documented medical diagnosis that has a notable impact on your ability to function. As a result, Judges listen to your testimony at the hearing but want to see if the story reflect. For example, have you complied with medical treatments recommendations? Have you seen and treated consistently with physicians and by a medical specialist or specialists? Do you have a proper diagnosis?
On the other hand, does your medical records confirm your testimony concerning repetitive, severity, and duration of your symptoms and why they limit your ability to function?
The Judge wanted to know are you taking medications, receiving treatment for your medical condition is serious and incapacitate? Do you have meaningful side effects from medications that would affect you in a work environment? However, the Judge will review your medical records on these issues before approving the claim. The findings of the answer to most these questions are “yes.”
Reason #4: The Judge finds your treating physicians support your claim and have concluded credible written opinions concerning your inability to work
In a Social Security Disability claim, medical records are the “meat” and treating physicians’’ opinions are the “potatoes.”
Yet, Judges want to see your doctors support your disability claim in a written opinions in the form of letters and medical source treatments prior to the hearing. A lot of doctors do not want to write a statement of your disability. But it is possible to win without a doctor’s support, yet more difficult.
The Federal Law requires the Judge to carefully review your physician’s opinion and may require to actually accept their opinion. For example, if your doctor believes you’re disabled and specifically states why the Judge should accept the opinion. Now you may be in the home stretch to SSD claim approval.
As a result, treating doctor’s opinions must be specific psychological limitations you have in a work environment. The doctor restating your diagnosis is usually not enough. However, the doctor needs to explain in detail why your medical conditions prevent you from working.
Medical records are critical at the appeal step because your physician’s opinion accepted and make sense if his or her medical records support and the document states why the physician believes you’re disabled.
Treating physician’s opinions are critical to success like medical records cannot be completed the day of the hearing, due to taking months and years to earn the trust and support of a doctor in a disability claim?
Reason #5: The Judge influenced by other evidence that supports your SSD claim
Judges commonly find other “evidence” in cases such as affidavits from family, co-workers, and friends. Also, personnel records documenting poor or excellent work performance and absences prior to the date you became disabled. This evidence confirms and provides witness support for your testimony, your physicians’ opinions and your medical records.
I wish you the best of luck in your Social Security Disability claim. Remember winning your case is a matter of hard work, preparation of medical records and other documentation should be created months before your hearing and Social Security Administrative Law Judge.
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