To prepare your defense for a disability appeal hearing, our attorney will ask you to answer questions about the symptoms and limitations of your disability. After gathering the necessary information, your attorney will support your allegations using a body of medical evidence. Your lawyer will likely request that your treating doctor submit a written opinion of your diagnosis, prognosis, and functional limitations. This will be recorded in what is called a residual functional capacity (RFC) statement.
What Medical Evidence Will I Need?
Help your attorney prepare the best case possible by providing a complete medical history. This includes the names and contact information of your treating doctors, the dates and locations of any hospitalization or medical tests, and a complete medication list with any side-effects you may have documented.
After gathering your medical information, our lawyers will determine if your doctor’s opinion is supported by objective medical evidence that is consistent with other information in your file. Detailed opinions will only be used from doctors who specialize in diagnosing and treating your condition. Before, Social Security had to give more weight to the opinions of doctors who have treated you for a period of time, who know your medical history, and who are supportive of your disability claim. Since March of 2017, this is no longer true. After determining what medical records are relevant to your case, your lawyer will submit that information to Social Security.
Arguing Your Social Security Appeal
Your attorney will develop a "theory" of why you are disabled under Social Security disability law. Common theories your attorney can use include:
- Proving your condition meets a disability “listing”
- Proving you have some capacity to work, but are not likely to find work because of limited skills and education
- Proving your non-exertional limitations prevent you from working
- Proving your exertion level is less than sedentary
We handle every case with the same degree of thoroughness, preparation, and dedication. Contact our Richmond disability lawyers to find out how we can help with your Social Security Appeal. No case is too simple, too complex, or too big.