APPEALS. GET A SECOND OPINION ON YOUR DISABILITY CASE!

Social Security frequently gets it wrong the first time around.  While almost 30 percent of disability applications filed in Alabama are approved initially, 70 percent must go to a hearing for a "second opinion."  A hearing gives the claimant and his representative a face-to-face hearing before a US Administrative Law Judge, or ALJ.  The ALJ has authority to ignore any findings made by the Disability Determination Service (the state agency contracted to make the initial decision about disability in Alabama).  Thus, the judge may draw his or her own conclusions about your condition and your ability to work.  In many cases, a hearing will result in a favorable decision which awards benefits - including back pay covering the period back to the "onset date" of your condition.

When I look at a potential appeal of a denied Social Security disability claim, there are several things I look for to shore up the case, to give it as good a chance as possible when it goes before the administrative law judge.

1. I read the last page of the denial letter from Social Security.  The first pages are form letters, but the last page describes WHY Social Security denied your case.  This can be helpful in formulating an appeal strategy.
2. I look for new medical evidence.  Do we have "Medical Source Statements" in the file?  Usually, mere office visit notes and charts from doctors are not enough to get a finding of disability because they do not contain what Social Security wants the most - detailed measurements of the claimant's ability to function in work related activities, such as standing, sitting, walking, bending, lifting, carrying, etc.  If I can get a Medical Source Statement from at lease one doctor, it helps tremendously.
3. We look for non-medical evidence.  Often there is helpful information that can be provided by a spouse, family member, or a former employer that speaks to the claimant's limitations of function in work situations.  Social Security will consider such evidence in addition to medical evidence.
4. We evaluate the claimant's vocational evidence, which plays a very substantial part in the hearing outcome.  Here is what needs to be evaluated: 

• the claimant's education
• age
• past relevant work
• skills that might transfer to "other work"
• residual functional capacity (RFC)

        5.  Are there also mental aspects to the claim, such as anxiety, depression, panic disorder, lack of        concentration, persistence or pace, etc.?  These may affect the residual functional capacity.

At the end of the day, there are 2 things that we must prove to an administrative law judge:  First, that the claimant cannot perform any of his or her past relevant work (work done in the past 15 years).  Second, that the claimant does not have the residual functional capacity to perform any other work as it exists in significant numbers in the national economy.  We must use both medical, non-medical and vocational evidence to arrive at this conclusion.

Winning a Social Security disability hearing is partly science and partly art.  The science involves meeting the criteria set forth in 20 US Code of Federal Regulations, Chapter 3, Part 404. The art is in arranging, presenting and arguing the evidence effectively and convincingly; that is, properly using the evidence that you have been able to gather to make a powerful presentation.

If you live in Alabama (anywhere in Alabama) or in Middle Tennessee, the Forsythe Firm would be pleased to help you appeal an unfavorable Social Security disability decision.  We can prepare your appeal, prepare you for testimony at the hearing and go with you to your hearing as your personal representative.  There is no fee for our service unless and until you collect your back pay benefits.  (256) 799-0297.

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