Today I’m going to share some of the details that are important if you want your Social Security Disability Case approved and how an Attorney can help when you’ve been denied.
Your social security benefits have been denied, and you don’t really know why. The letter you received was generic, and you feel like you’re in the dark. You’re confused and frustrated. I understand. I’m MICHAEL SULLIVAN, a lawyer here in Kentucky. Disability law is all I do.
What you may not know about filing for social security benefits, is that even a simple note directly from your doctor stating that you are disabled, may not be enough. This is a complex legal system and a lot of people just like you are constantly being denied, for reasons that may not make ever sense.
So what is important here in terms of putting together your case? Things like: your diagnosis, your clinical presentation, the objective test results such as MRI’s, blood work, X-rays, …. You see, first you have to prove that you even have a severe medical impairment, then, you prove that these medical impairments could cause your symptoms: such as your pain and your limitation of function. Next, it is my own practice to try to tie in restrictions on activity directly related to your severe medical impairment. You see, whether or not you are “disabled” is really a LEGAL determination.
BUT- What is wrong with you, and how that limits you, that is really more of a MEDICAL finding. This is not a small distinction, because in many cases, it is the limitations caused by your health conditions that usually result in an award of disability.
Here’s an example that will help: Say your surgeon confirms that by CT scan that you have degenerative disc disease in your low back as well as a two level lumbar fusion, and because of the fusion and hardware, the surgeon states that you cannot bend more than occasionally, and you should not lift over 10-15 lbs on an occasional basis. The medical reason – to preserve the integrity of the fusion and to prevent future injury to your spine.… Stated like this, such an opinion is very difficult to ignore. So now, that medical opinion will have great weight. Notice here that the surgeon did not make any legal conclusions, the surgeon gave only medical opinions. That is the key to creating compelling medical proof.
Whether you’re filing or appealing your claim, having a licensed Attorney by your side you help you navigate this extremely confusing system, can take the pressure off of you, and could affect the outcome of your claim dramatically. Call me when you need help.
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