The question of who decides whether a person is disabled for purposes of receiving social security disability is one that is often asked when a person applies for social security disability benefits. A social security disability claim is eventually assigned to a medical adjudicator at the Disability Determinations Office. That person reviews medical evidence and eventually makes a decision of whether or not the person is disabled. If the claim is denied and the person is found not to be disabled, then the next step is a reconsideration appeal. At the reconsideration level, a new medical adjudicator will be assigned to review the appeal and the medical evidence. If the reconsideration is denied, the next step is an appeal for a hearing. At that stage in the process, a federal social security administrative law judge will be assigned to review the medical evidence, apply the correct law, hear the claimant's testimony and consider the attorney's arguments at a formal hearing.

When a disabled veteran receives a disability rating or several ratings from the Veterans Administration, they often believe that the disability rating from the VA will also prove that they are disabled under the federal Social Security Administration regulations. High disability ratings from the VA, including ratings of 100% and individual unemployability ratings, are not dispositive evidence of disability under the Social Security Disability detailed claims adjudication process. This means that just because a veteran is determined to be disabled under the VA applicable regulations, this does not necessarily qualify them for disability under the Social Security Disability applicable laws. A VA disability rating is just one item of evidence to be considered by a disability medical adjudicator or administrative law judge. Veterans with high disability ratings, including 100% disability, are often puzzled and frustrated when they receive a denial from the Social Security Administration on their Social Security Disability applications or Social Security Disability appeals. They wonder how one federal agency can determine that they are disabled and another federal agency concludes that they are not disabled. The disability claims determinations process used by the Veterans Administration and the Social Security Administration are each governed by different and complex laws and legal analysis. I am well versed in those laws and can help veterans understand the conflicting decisions. Please visit our facebook video on this topic. If you are a veteran who has been found disabled under the VA and found not to be disabled by the Social Security Administration, please feel free to call me to discuss the applicable laws and your case. At Giannet Law Firm, we are honored and privileged to serve our Veterans.

At the fourth step in the disability evaluation, the social security administrative law judge will consider the applicant’s prior work. The judge will inquire whether the claimant’s condition interferes with their ability to perform the work they did previously. This is where we encounter detailed and often complicated vocational analysis and meet potentially adverse testimony coming from the government retained Vocational Expert. It is not a good idea to cross examine this expert witness alone. I am very skilled in evaluating the testimony of a vocational expert and if it conflicts with the law and medical evidence, I am experienced in legally cross examining that expert in court. If a judge determines that your disability does not interfere with your ability to perform your past relevant work, then your claim will be denied. An appeal contesting this finding can be filed. If your disability does interfere with your ability to perform your previous work, then the judge will proceed to step five in the legal analysis which inquires whether you can perform any other work available in significant numbers in the national economy. Again, this step is a complicated one which requires the testimony of a potentially adverse witness known as the vocational expert who will be present at your hearing. The judge and I will ask that expert witness questions and their opinion about whether you can work will be considered by the judge. I like to discuss the vocational issues of my clients’ cases with them so they understand what will occur at their hearings.

Can a doctor’s letter prove disability? I receive many calls from people applying for social security disability that have obtained a letter from their doctor stating that they are “disabled.” They believe that this letter will win their case or assist them in obtaining social security disability benefits. A letter from a doctor is not sufficient evidence that a person is disabled under the applicable federal regulations. The determination of disability is not a medical determination that can be made by a doctor, but it is a legal determination to be made by a social security disability medical adjudicator or a social security administrative law judge. Whether or not a person is disabled under the social security federal law requires the proper application of law and review of medical evidence. Your doctors' medical records and objective tests are admissible evidence. There are multiple steps involved in proving disability and that you are not able to work because of your medical problems. Obtaining a letter from a doctor that you are disabled or cannot work is not what the federal law considers as dispositive proof of disability. If your doctor is willing to give you such a letter, that is fine and it can be submitted for review, but you should not be led to believe that it will prove you are disabled.

Deciding to Apply for Social Security Disability What can one do when a serious illness or disease strips them of the ability to function normally in the workplace? Are they secure in the notion that someone or something will provide for their needs and those of their family? Can they resort wholly to the government for aid and solace? These queries are not often contemplated by the gainfully employed population in the customary course of their affairs. Often, they are only pondered when one indeed suffers from an impairment or combination of impairments that render them less then effectual or totally ineffectual in the workplace. Those who are unable to meet the demands of the workplace due to injury or illness often believe the only recourse is to seek government assistance by applying for Social Security Disability benefits. As I have said in my previous posts, as I walk alongside my clients in our mutual journey to obtain Social Security Disability benefits, the road can be fraught with obstacles. Thanks for allowing me to travel that road with you. The determination regarding whether one is disabled is not as simplistic as applicants presume. The mere fact they have been diagnosed with an illness is insufficient, no matter how severe the illness is and how many limitations it brings about. The first step in the disability determination involves the claimant’s work situation. The government employed medical disability adjudicators must ascertain whether the claimant is engaged in “substantial gainful activity.” This can be where you will likely encounter your first major stumbling block in your journey where you will have many questions? Can I work and apply? How much can I work? How much can I earn? Do I need to be fired or termination or quit before I apply? I receive many calls with these questions. Please feel free to call me to discuss these questions. Stay tuned to my post about the legally applicable steps in the Social Security Disability claims process.

We continue our journey through the Social Security Disability claims process- Those who are unable to work due to their illnesses or injuries often think it will be quite easy for them to apply for Social Security Disability benefits and receive the benefits from the government. They believe that they have “paid into the system” akin to paying insurance premiums and they are “entitled to” receive the funds they “paid into the system” now in their time of disability. They presume that upon application, they will not encounter roadblocks, detours or pitfalls in their journey. Stay tuned to Attorney Giannet’s posts about these potential roadblocks, detours and pitfalls.