Do I Have a Good Case for Disability?28 Jan
Marken Law Group, PS, has represented hundreds navigate through the Social Security Administration successfully. We have represented all people of various ages, disabilities and stories.
People often ask “What are my chances?” or “What percentage do I have to win?” As a lawyer these are questions we cannot really answer as we can’t guarantee anything. We can however provide a honest idea as to your potential for success. I will break down the cases with the best chances compared to those with the worst possible chances of getting on Social Security Disability.
Something to be addressed IMMEDIATELY; if you have a RECENT history of drugs and/or alcohol use/abuse your likelihood of success in winning your disability claim with Social Security is highly unlikely. If you ONLY have mental health issues, your chances are even lower. Many Social Security attorney’s will not even take a client unless they have a year of proven sobriety. Sobriety can be proved through your medical records.
If you abuse alcohol or use drugs, but have serious PHYSICAL issues, your claim might not be completely lost. I have gotten clients benefits who actively use methamphetamine and alcohol because they had serious physical issues. Your claim is not a lost cause if you have drugs and alcohol in your history but it certainly is a red flag. Remember, the judge you will be in front of if you are denied is likely a conservative judge who will not look highly on awarding disability benefits if they believe those benefits will be used to purchase drugs and alcohol.
Next; your age and past work is VITALLY important if you have physical health problems. If you are UNDER age 50, your chances of obtaining Social Security Disability benefits are DIMINISHED unless you have terminal or VERY serious health issues. Under the age of 50, you essentially have to prove listing level disability! (Talk to an attorney about your diagnosis and listing levels).
Under the age of 50, GENERALLY SPEAKING, your chances are diminished. Over 50, your chances improve, over 55, your chances are even more greatly improved. This understanding, however, is coupled with your PAST RELEVANT WORK! All work is classified for Social Security purposes in determining whether you are disabled, as SEDENTARY (think Receptionist) LIGHT (think auto salesman/woman) MEDIUM (think Nurse) HEAVY (think construction work) and VERY HEAVY (over 100 pounds often so heavy construction/labor work).
Why does past work matter? Well not ALL your past work matters, only the last 15 YEARS prior to filing your disability claim/onset date of disability. It matters, however, because the Social Security Administration and their judges/examiners will be determining whether your conditions and limitations from your conditions/diagnosis, prevent you from performing your past RELEVANT work. If you had past relevant work in the MEDIUM category ONLY, and were over the age of 55, you have a good case, generally speaking. If you had past relevant work in sedentary, your age is not really material aside from judges typically are more generous to disability claimant’s over the age of 55. Age and past work are HUGE! 44, past work in sedentary and a drug addict? Probably not a chance you get benefits. 56, past work in retail with a bad back? Chances are good you will!
Marken Law Group, PS, talks to our clients bluntly and we don’t waste anyone’s time. If you have a good case, talk to us today! We NEVER charge a fee unless you get the benefits you deserve! No Benefits, No Fee!