Thursday, June 29, 2017

Cincinnati Social Security Attorney Answers How To Win a Back Injury Claim

As a Cincinnati social security disability attorney i have represented many people in front of the Cincinnati Social Security office for all kinds of back injury claims.

This office is also known as the office of Adjudication and review. This is where federal administrative law Judges hear cases in hearing rooms located in downtown Cincinnati.

The recipe for winning an injured back case is broadly divided into two categories. Those claimants 50 years and over and those claimants under 50 years of age.


SSDI and SSI Claimants Over 50

Claimant 50 years and over are considered disabled if in the past 15 years they did jobs described as light or above. Plus it is important that the work they have done was generally unskilled and at the light exertional level or above. (1)

This is where the grid rules promulgated by social security come into play. If you are 50 and over and can only do unskilled work the social security judge will find you disabled. That's why it is critical to accurately describe your job duties and their exertional requirements. 

For example you must have at least lifted over 10 pounds on a regular basis to be above the sedentary exertional level. If you mistakenly put down you only lifted up to ten pounds then your job classification may put you in the sedentary category. Then you must prove you can not do a sit down job.
 Overlooking the Downtown Cincinnati and Where the Local office of Adjudication Sits

Social Security Claimant Below 50 Years Old

People that are below 50 years old must prove that they can not do any job that exists in the national economy in significant numbers. This is a more difficult task. But if you can prove that fact you still can win.

What Evidence is Critical To Winning Your Disability Claim

The evidence you bring as to your physical restrictions is of paramount importance. You must have a doctor support your restrictions in terms of sitting, standing, walking, lifting, pushing and pulling, stooping and bending.

This has a technical name known as residual funtional capacity. I build a form with these strength requirements so your doctor can quickly answer specific question related to that.

Also you must have evidence of continuous and regular treatment by a doctor. His description of your pain and activity levels is important.

Have you had surgery for your conndition? Most judges want to see at least one failed surgery attempt.

Are you taking significant pain medication? This is another area the Judges want to see. The more and heavier pain medication the better off for your claim.

Are you activities consistent with the level of restriction you are claiming. You can be sure that if you are very active then your claim may not succeed. The Judges see this as inconsistent with a person that is disabled.

Do You Meet a Back Listing

If you meet a listed condition for your back you will be found disabled. You can find the back listings here. These detail many conditions and their requirements that must be met for you to be found disabled. Although if you do not meet a listing you can still be found disabled as I have described above.





Thursday, May 4, 2017

Win Your Social Security Disability Claim by Telling This Story

Winning social security disability claims seems to be harder than ever so a compelling story is critical. You need to impact the Administrative Law Judge with more than a recitation of the medical facts. A SSDI or SSI claimant needs to paint a before and after picture of their life.

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.

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

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 having some depression over your situation.
  •  Are you unable to make love to your spouse
  •  Did your spouse leave you because they could not cope with your illness.
  •  Do you not take vacations.
  •  Do you not drive long distances.
  •  Do your 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. Why? Because if you are in such shape that you might "fall out" at any time you endanger yourself and every one else by driving. The judge will not find you credible.

So have a story to tell . 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

Law Office of Anthony D. Castelli
602 Main Street, Suite 707
Cincinnati, Ohio 45202
Phone: 513-721-3666