- I have a medical problem that is diagnosed.
- I know I am not able to work.
- I should be on disability benefits
Here's what a legal theory would look like if outlined:
Facts of the Case + Law or Rules Involved = Legal Outcome
The following is a legal theory:
"The claimant is an individual of advanced age with a limited education and unskilled work at the medium exertion level. Based on his age, education, past work experience and residual functional capacity, he should be found disabled pursuant to Medical-Vocational Guideline 201.02.
The theory doesn't just argue that the claimant can't work; it explains why the law agrees that he is technically disabled and legally entitled to a benefit.
Assigning a legal theory to the case is probably difficult for an individual who is representing himself or herself. If you aren't familiar with Social Security regulations, it will understandably be difficult to craft a solid legal argument using the regulations. Will the judge do that for you? Maybe, maybe not. You can't depend on it.
Before a favorable decision can be made, a winning legal theory must be advanced, even if the claimant isn't aware of it. Failure to establish an acceptable legal theory will lead to denial.
If you have a Social Security disability hearing in your future, I recommend that you contact an experienced attorney or Social Security advocate for advice and help. These folks will sit down with you and learn about your case at no cost or obligation. Then, if you hire them to help you, you will pay them a pre-arranged fee only if you win and receive backpay on your favorable result. If you lose you pay nothing.
_________________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US (256) 799-0297
Email US: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE
No comments:
Post a Comment