Auto Accident Law 101

3 Ways To Win A Social Security Disability Hearing

28 November 2014

Everett Cook

Did you file a Social Security disability claim that was initially denied? That denial was probably very disappointing. The good news is that you can appeal the denial. If you appeal, your claim will likely advance to a hearing, where you can present your case to a three-person panel. You can either represent yourself or hire a Security disability lawyer to present the case on your behalf. Either way, you'll need to meet certain criteria to win. The panel has specific guidelines that they must follow. If you know those guidelines in advance, you're in better position to win. Here are three hearing strategies that give you the best opportunity to meet the panel's criteria:

Prove that you have a "listed" condition. The Social Security Administration has listed a number of conditions that nearly always justify disability benefits. If you can prove that you have one of these conditions, your chances of success increase substantially. These conditions include a number of cardiovascular diseases, most types of cancer, and conditions that lead to sensory loss. A Social Security disability lawyer will have a list of these conditions and will help you gather the evidence you need to prove your case. The best evidence is usually a written statement from a physician saying that you do indeed have the condition.

Showing that you "grid out" of all work. The Social Security Administration also keeps a worker capability "grid." The grid compares work experience, maximum exertion level, age, and education to determine whether a person is able to work. A person with a low maximum exertion level, little education, and little work experience would have the greatest chance of being able to "grid out" because there's little work they would be able to perform. On the other hand, a person with a low maximum exertion level, but high education and substantial experience may not be able to grid out. This is because they may be able to use their knowledge and experience to obtain a job that doesn't require much physical exertion.

Prove that your maximum exertion level is less than sedentary. There are three levels of work exertion levels, as determined by the SSA. The highest is medium and above, which may require some physical labor. There's low level, which is like an office job that requires one to sit but also make physical movements. The lowest level is sedentary, which requires almost no physical activity. If you can show that your maximum exertion level is less than what would be required by a sedentary job, then you'll likely be granted benefits.

Your Social Security disability attorney will know what kind of evidence is needed for each of these strategies. He or she can prepare your case and present it in court. You can also visit a website like http://asmlegal.net/ to learn more about how social security disability hearings work.

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