Attorneys at Norris & Norris PLC are highly knowledgeable and experienced in helping persons seeking Social Security disability benefits. The disability claims process is not intuitive. Claimants represented by an attorney are much more likely to win and to win more quickly than are claimants without representation.

Attorneys at Norris & Norris PLC have helped claimants with a wide range of conditions win disability benefits. For example, we have successfully represented clients ages 18 – 65 with these health conditions, either singly or in combination:

• Rheumatoid arthritis
• Traumatic Brain Disorder (TBI or Closed Head Injury)
• Coronary Artery Disease (CAD)
• Cognitive Disorder
• Myasthenia Gravis
• Seizure Disorder
• Cerebral Palsy
• Myocardial Infarction (heart attack)
• Post-Polio Syndrome
• Chronic Obstructive Pulmonary Disease (COPD
• Migraine Headaches
• Myofascial Pain
• Chronic Back Disorders (Cervical Radiculopathy, Degenerative Disc Disease, Spinal Stenosis, Bulging or Herniated Discs; Severe Facet Arthritis, Scoliosis, Annular Tears, Cervical Myelopathy)
• Psychiatric or Mental Health Disorders (Depression, Anxiety, Bi-Polar Disorder, Post-Traumatic Stress Disorder, Schizoaffective Disorder, Personality Disorder, Panic Disorder, Agoraphobia)
• Recurrent Carpal Tunnel Syndrome
• Hypertension
• Diabetes Mellitis
• Mild Mental Retardation
• Social Phobia
• Generalized Psoriasis
• Sleep Apnea
• Bilateral Neuralgia
• Fibromyalgia
• Chronic Fatigue Syndrome
• Hearing Loss
• Irritable Bowel Syndrome
• Crohn’s Disease
• Peripheral Arterial Disease
• Peripheral or Diabetic Neuropathy
• Congestive Heart Failure
• Mytonic Dstrophy
• Rotator Cuff Injury
• Tears of Left Shoulder Tendons
• Osteoarthritis
• Asthma
• Lymphedema
• Gastroesophageal reflux disease (GERD)
• Chronic Liver Disease (Cirrhosis)
• Hepatitis

SSI and SSDI

There are two types of Social Security disability benefits. People with a recent work history who become disabled are eligible for Disability Insurance (SSDI) Benefits. The second type of benefits, Supplemental Security Income (SSI), are for impaired persons with no recent work history and very limited assets. Before receiving either type of benefits, claimants must prove they are disabled under the medical criteria set forth in the Social Security Act.

Medical Criteria

To meet medical standards for disability, claimants must first show they have a severe medically-determined physical or mental condition expected to last at least 12 months or else a condition that will result in claimant’s death. So, it’s very difficult for claimants to prove disability without help from a supportive treating doctor or treating psychologist. Next, claimants must show that the impact of their health condition on their ability to function each day makes it impossible to perform the functions of any job they have held in the past 15 years. Finally, claimants must show they do not have the functional ability to do any other job existing in the national economy.

5-Step Evaluation

The Social Security Commission is required to follow certain steps in making the disability evaluation. At the first step, the applicant must show that he or she is not currently engaged in “substantial gainful activity.” In 2011, this means you are not consistently earning wages of at least $1,000 a month.

At step 2, the claimant must show a severe impairment or combination of impairments. At step 3, the agency compares the claimant’s medical condition to a listing of criteria for various impairments. If the applicant’s condition meets the listed criteria for a particular impairment, he or she is presumed to be disabled. If not, the evaluation continues to the next two steps, which examine a claimant’s capacity to function.

At step 4, a claimant must show (by medical evidence) functional limitations that make it impossible to do any past relevant work, which means any job the claimant held in the past 15 years. If the claimant can function well enough to perform any past relevant work, then the evaluation stops here; claimant will be determined not disabled.

If, however, the claimant cannot function well enough to perform past work, then it is the government’s burden to show the claimant can function well enough to perform other jobs, given his or her age, education and work history.

Role of Treating Health Care Providers

Claimants should know that reports from their own doctors describing their functional abilities are given much more weight by the agency than reports of disability examiners, who are employed by the agency and examine claimants only once. However, a statement from a claimant’s doctor saying only “he can’t work” will be given very little weight. A treating doctor’s report should include opinions about the claimant’s ability to perform basic work functions at a regular job on a sustained basis. For example, a treating doctor could say how long she thinks the claimant would be able to stand and walk over an 8-hour day, how much weight the claimant could lift and carry consistently over an 8-hour day, or how the claimant’s mental impairments would affect his or her ability to perform basic work functions, such as following instructions, getting along with co-workers and the public, and paying attention over sustained periods.

Need to Appeal

If you have a well-founded claim for disability benefits, it’s important to persist in appealing your claim. Around 65 percent of all disability claims are denied at the first level. However, on appeal after filing request for hearing, about two-thirds of all claims are granted by administrative law judges. Claimants represented by attorneys are more likely to win.

Waiting for a Hearing

Unfortunately, the wait for a hearing can be devastatingly long, particularly for persons who are not represented by attorneys. There is a backlog of disability claims and a wait of a year or even two before a claim is set for hearing is not unusual. The best way to speed up the process and win your disability claim is to hire an attorney to represent you. In many cases, attorneys at Norris & Norris have won fully favorable decisions for our clients without having to wait for a hearing by obtaining favorable decisions on the record.

Let us help you with your disability claim. Call Norris & Norris PLC now at 627-3959.