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.