My doctor has confirmed my disability, but it does not meet the Listing of Impairments for disability benefits. What do I do?

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Question:

I have several medical problems.  I applied for disability benefits.  My initial application and my request for reconsideration were denied because my conditions do not meet the Listing of Impairments.  My doctor says I am disabled, what does this mean?

 

Answer: (1)

Social Security law has issued a List of Impairments that are used to help determine disability. If your condition meets or equals the Listing of Impairments you are considered disabled by law and do not have to submit any other evidence to be eligible for disability benefits.  If you do not meet, the listing of impairments Social Security must look to see if you can return to your previous employment and if look to see if you can do any work based on your age, condition, and work experience.  They should also consider whether you experience pain or have side effects from any of the treatment proscribed for your condition that would make you unable to work.  If you have not already done so, you should request the next level of appeal, which would be a hearing before an administrative law judge.  (ALJ)  A hearing would give you the opportunity to present testimony and witnesses to prove you claim as well as additional evidence.

You should definitely seek legal counsel to assist you at this stage of appeal process, as an experienced Social Security attorney will be able to help you build a stronger case for disability.

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