Many people do not realize that Social Security Disability law is one of the most complex and difficult areas and there are many factors that affect whether you win your case, including:
Does SSA has all your records?
SSA makes minimal attempts to obtain your records and many people believe SSA actually had their records when they did not. The Government Accountability Office released a report in 2008 finding that there were significant percentages of medical providers that never responded to requests from the Government. In some areas it was over 60%! The Government does not have the staff or funding to pursue your records like an attorney can. Further, an attorney can ensure your doctors do not overcharge you for your records, which we have found they constantly do by hundreds of dollars.
Is your “onset date” correct?
SSA often denies you if you are claiming you were disabled at a time earlier than can be proven by your records. An attorney can correct this by reviewing your records and determining the best date to use.
Do “Listings” or “Grids” rules apply?
There are many regulations that could apply in your case, many of which claimant never know about.
Does “Chavez” apply?
If you have had a prior ALJ denial, you may have to prove you got worse since that denial if the 9th Circuit “Chavez” case applies.
Did you get a medical source statement that is sufficient for SSA’s purposes?
Your doctors need to provide a medical source statement that clearly and specifically sets out the they believe you can do physically & mentally (how much weight you can lift, how long you can stand, etc.).
CALL US TO DISCUSS YOUR CASE!
Knowing and correcting these issues can speed up your case, or at least improve your chances of being granted earlier. Remember, we only get paid if we win your case.