HUNTSVILLE DISABILITY GUIDE

While some doctors seem reluctant to get involved with the disability determination process, others are concerned about their patient's overall well being and will provide truthful, fair evaluations of medical conditions. The truth is that Social Security places a lot of value on the opinion of the doctors who treat you.  Your treating doctor is recognized as the person most familiar with your medical conditions, symptoms and restrictions. Your doctor's opinions will be given more weight than the opinion of other doctors, such as a doctor who works for Social Security. Social Security states their position on this in the fe deral regulations at  20 CFR 494.1527. As an advocate who has appeared a hundreds of disability hearings, here are some things I have learned about obtaining doctor's written evidence: It takes more than routine medical records. The doctor's opinion must be very specific as to the restrictions imposed by your symptoms or conditions. It

Disabled veterans should be receiving both VA benefits and Social Security disability benefits.  One benefit does not reduce or interfere with the other. Be aware that Social Security doesn't make it easy to get benefits and this is true even for veterans.  A large percentage of fully qualified veterans are denied--even though they meet all the criteria for benefits.  If this happens to you, appeal the denial immediately and go "up the chain of command " at Social Security. Also, there is a lot of bad information floating around these days about veterans and Social Security.  Be sure you know the facts before you decide to give up on Social Security benefits.  (Most of the cases that we win were denied earlier in the process). For example, you do not have to wait until you are out of military service to apply for benefits.  You may qualify for disability benefits while receiving active duty pay if you are unable to perform your military job. Furthe

" Sometimes, judges deny benefits even when they believe the claimant is truly disabled...  Because the case is not technically proven according to Social Security's rules." Medical evidence is the key to being approved for Social Security disability benefits. There are 2 types of medical evidence, both important. The first type is OBJECTIVE EVIDENCE.  This includes such things as lab tests, X-rays, MRI or other imaging.  The goal is to document with medical fact that you have certain conditions which could reasonably cause a decrease in your ability to function. The second type of OPINION EVIDENCE.  This includes the professional opinion of your treating doctor, stating specifically and in exact detail how your objective medical conditions cause impaired functioning.   A special form is the best way for your doctor to provide this opinion.  Key areas that must be addressed are your abilities to sit, stand, walk, lift, reach, bend, use your hands, concentrate,r

Advocate wanted for a Social Security disability hearing. Since I have no other source of income, my entire financial future depends on getting Social Security disability.  I understand that, according to the national average, only 42 percent of claimants win their hearings.  The odds are automatically against me. I want an advocate who can really help me.  Here are some questions I would ask of this person before I hire him: 1.  Do you have a win ratio above the national average (above 42 percent)? 2.  Do you have several years of experience representing claimants in Social Security hearings? 3.  Do you have a good understanding of the Social Security laws and regulations? 4.  Do you know what is likely to happen at my hearing and can you help me prepare for it? 5.  Can you tell me if I meet a Listing or if one of the Medical-Vocational Guidelines directs a finding of "disabled"? 6.  Have you examined my case to see if there are problems that should be addres

5 persons are usually present in a Social Security disability hearing.  Only 1 of them is allowed to be on your side. The 1 person who is on your side is your attorney/advocate.  He or she is the only person in that hearing with an open agenda--to help you win and receive benefits. There is one person, and one person only, looking ou t for you.  That person is your advocate/attorney. "Your advocate should be straining every nerve, muscle, bone and fiber to help you win your case and get benefits paid."   The administrative law judge (ALJ) is NOT on your side.  He is a neutral fact finder who DENIES more claims than he pays. On average, the judge will only approve 42 percent of cases at the hearing level. He or she is NOT there to help you win (and does not pretend to be). The vocational expert is NOT on your side.  This person, too, is supposed to be a neutral person, paid by Social Security, who cannot and must not be committed to helping you get benefits