If you read online at ww.ssa.gov you will find that you must have a medical determinable impairment and not just symptoms. However, all cases an attorney takes, that know what their doing will have a medically determinable impairment.
This impairment will be such that it is reasonably expected to produce the pain or symptoms complained of. However, it is up to the Judge to determine the severity of the symptoms and how they impact on basic work exertional and non-exertional impairments.
So every case almost always comes back to whether the Federal Law Judge believes the claimant or does not. This then comes to the story you tell. Is this story consistent with the limitation you present. And further, "Do the limitations preclude work."
The Story You Must Tell
So the story you tell about your life must be consistent with someone that can not work. Are you daily activities consistent with not being able to hold down a job 8 hours a day 5 days a week. Some things that go to prove your story are:
- Are you seeing doctors on a regular basis.
- Have you tried to go back to work.
- Did you have a good work history.
- Were you active in the community.
- Do you have people that help you get by.
- Are you have some depression over your situation.
- Are you unable to make love to your spouse
- Did your spouse leave you because the could not cope with your illness.
- Do you not take vacations.
- Do you not drive long distances.
- Do you medical records verify limitations.
- Do you have a report from your doctor explaining your illness.
All of these items go to make up your story. are you claiming excruciating pain but take no medication. That is something totally inconsistent with your story.
And each person's disability can have a different key to their story. For instance if you are epileptic or diabetic you better not be driving if you want to have a better chance to win your case. Wyy. Because of you are in such shape that you might "fall out" at any time you endanger yourself and every one else by driving.
So have a story to tell . And even better have a friend or former co-worker help you tell your story by testifying at the hearing.
If you would like to learn more about how to qualify for benefits go to www.socialsecuritydisabilityassist.com for a free claim evaluation.
By Anthony Castelli Cincinnati disability and accident and injury lawyer.
offices located in Cincinnati and Hamilton County, Ohio
Law Office of Anthony D. Castelli
8170 Corporate Park Drive #220
Cincinnati, Ohio 45242