| In my 30 years of experience representing claimants in | | | | a disability case. For example, even if you are over 55 |
| social security disability hearings, I have concluded | | | | years of age and have a serious orthopaedic |
| there are five factors that are significant in almost | | | | impairment if you still can do some sort of clerical work |
| every case. These are the factors one should | | | | at a desk, you probably will not be found to be |
| consider when applying for disability. | | | | disabled. This is especially true if your past skills and |
| SERIOUS IMPAIRMENT: You cannot get disability for | | | | education indicate you can do clerical work. However, |
| a hangnail. Your impairment must seriously affect your | | | | all is not lost if you can show your impairment prevents |
| ability to work. It must be an impairment In my 30 | | | | you from "sitting" to do clerical work or if your |
| years of practice, I have always found Social Security | | | | impairment prevents you from the very light repetitive |
| Judges to be very sympathetic to a claimant with a | | | | work required of clerical work. |
| serious impairment such as lupus or cancer. | | | | THE OPINION OF A SPECIALIST: If you have an |
| YOUR AGE: It is best to be 55 years old or older | | | | impairment such as lupus, some type of cancer, or |
| when applying for disability. The system favors the | | | | fibromyalgia, the opinion of your family doctor (although |
| older applicant. On the other hand if you are under 50 | | | | beneficial) will probably not carry the day. What you |
| years of age you may have to show you cannot do | | | | need is the support of a specialist who treats the |
| any job that exists in the national economy. It does not | | | | particular impairment you have. For example, with |
| take much physical ability to be a greeter at a | | | | fibromyalgia you would need to consult a specialist in |
| Walmart store or a security monitor watcher. If you | | | | arthritis or rheumatology. He or she would at a |
| are under age 50 you will have to show you cannot | | | | minimum have to say your fibromyalgia met the |
| do those types of jobs. | | | | American College of Rheumatology diagnostic criteria |
| YOUR OWN DOCTOR'S OPINION: Social Security | | | | for the disease. For cancer, you probably need the |
| has a rule that can help most applicants. That rule says | | | | opinion of an oncologist. |
| if your doctor's opinion is well reasoned and based on | | | | SUMMARY: In my 30 years of practice and in doing |
| many clinical visits by you over a period of time then | | | | over 1,000 hearings I have found the above five |
| his/her opinion can be granted "controlling weight" in | | | | factors to be the most important elements of a |
| your case. Thus, if your doctor supports your claim, | | | | winning disability case. However, even knowing these |
| then you have a great chance to win your case. In my | | | | factors, it is no substitute for not contacting an |
| experience, 100% support by the claimant's own | | | | experienced Social Security Disability Lawyer. |
| doctor is crucial to success in a claim for disability. I | | | | Copyright© 2006, Jerry Lutkenhaus. ALL RIGHTS |
| have had a number of cases where the United States | | | | RESERVED |
| District Court has reversed a Social Security | | | | This may be considered AN ADVERTISEMENT or |
| Administrative Law Judge precisely because the | | | | Advertising Material under the Rules of Professional |
| Social Security Judge did not give enough weight to | | | | Conduct governing lawyers in Virginia. This note is |
| the opinion of the claimant's own doctor. | | | | designed for general information only. The information |
| YOUR SKILL AND EDUCATIONAL LEVEL: | | | | presented in this note should not be construed to be |
| Unfortunately, the more education you have and the | | | | formal legal advice nor the formation of a lawyer/client |
| more skills you have the harder it is going to be to win | | | | relationship. |