Sometimes the best argument when seeking disability benefits involves simple common sense. I represent an advertising executive with severe liver disease and leukemia. Not only did the treating doctors insist that the conditions were functionally disabling, but they were also potentially terminal. Nonetheless, the disability examiner refused to render a decision based on the medical information that had been supplied.
Because the disability analyst was indifferent to the medical evidence, I submitted a letter highlighting the vocational issues. The claimant had a long work history where he earned well over $150,000 annually. As a matter of law, I pointed out that claimant’s with long work histories are presumed to be credible. Thus, the claimant’s subjective complaints had to be accepted as a basis for approving benefits. It should be obvious that anyone who works for a long time either likes working and/or has a strong work ethic. It is also common sense that someone does not stop working in order to collect a disability benefit that is only a fraction of what they were earning previously.
The claimant’s application was approved shortly after submission of the vocational evidence. Since the medical evidence did not change, the logical explanation for the approval was the disability analyst’s consideration of the common sense vocational argumentsPrevious Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou