I was with a client in a disability hearing before an administrative law judge last week. Five minutes into the hearing, the judge asked, "Mr. Forsythe, what is the legal theory of this case?"
I responded: "Judge, the claimant has 3 severe impairments, the combination of which has caused him to be unable to sustain work. You will find evidence of these impairments and their limitations in Exhibits 2F, page 10; 6F, pages 8-17, and in 9F, pages 79, 90 and 112. In addition, considering the claimant's age, education and past work experience, a finding of disabled is directed by Medical-Vocational Guideline 201.01."
The judge seemed satisfied that I had given him the facts he needed to approve the claim.
After we left the hearing, my client said to me: "I'm glad I didn't have to answer that question."
The truth is, every Social Security disability claim rises or falls on the legal theory of the case. If you don't know what your legal theory is, you don't need to be handling a hearing.
Many times, judges believe the claimant is disabled. However, they must justify their decision legally. The "legal theory" is simply the body of facts that support a finding of disability based on the federal rules and regulations that govern Social Security. It isn't enough just to convince the judge that you are disabled. You have to tell him where the regulations supports that conclusion.
_________
Need help with a Social Security disability claim or appeal? Contact the firm that has been successfully handling disability cases for years. Call the Forsythe Firm for a free consultation or case evaluation. (256) 799-0297 or (256) 431-1599.
No comments:
Post a Comment