Always Check The Listings

Tuesday, August 28th, 2007

When applying for Social Security Disability (“SSD”) benefits, make sure to check to see if the disabling impairments meet a “listing”. If a claimant meets the criteria of a “listed” impairment contained in the Social Security regulations, then the claimant’s medical condition is considered to be so severe that the claimant is presumptively deemed disabled and entitled to receive disability benefits.

Despite the fact that many SSD claimants are able to submit reports from medical sources opining that the claimant is disabled, a large percentage of those claimants’ applications are still denied by the state agencies making the initial disability determinations. Submitting evidence that a claimant meets a listed impairment significantly increases the chances that the SSD application will be approved.

I filed an SSD application for an attorney last May, even though he is still working on a limited basis. While it was clear that the work isinsufficient to preclude SSD benefits, working usually gives the state agency the excuse it needs to disapprove an application. Nonetheless, I succeeded in getting the application approved in only three months’ times.

Like all of the claims I handle, I promptly submitted medical records and reports from the treating physicians. However, few applications are approved in only three months. The difference here was that I was able to show that the medical records met pulmonary listings. I have no doubt that the claimant’s application would have been approved without the memo explaining how the test data met the criteria of listed impairments. However, by providing that memo the application was approved much faster.

Previous Next