Social Security Disability Claims

Both of the disability programs administered by the Social Security Administration (SSDI and SSI) serve the important function of protecting society’s most vulnerable citizens – those afflicted by disabling disease or injury – from the additional hardship of extreme financial loss. These programs represent a true “safety net”, in the sense that they prevent the disabled from suffering the worst hardships of financial free-fall. While skeptics of the Social Security system often question the motivation of Social Security claimants, the reality, in my experience, is that very few undeserving claimants are awarded benefits. In part, this is because a complicated maze of laws and regulations limits the discretion of the disability analysts and Administrative Law Judges (ALJs) who decide disability issues. Often, those laws and regulations are applied in a rigid and mechanical fashion, depriving deserving claimants merely because their condition doesn’t fit neatly into a regulatory scheme that can be arbitrary or irrelevant when applied to a particular individual.

The good news is that a qualified and experienced attorney is often able to successfully show the disability analysts and ALJs that a claimant’s condition is disabling, even when it doesn’t fit neatly into the standard regulatory framework of disability analysis. Everyone’s circumstances are different, and individuals of different age, work experience, education and social circumstances may be affected differently by the same malady. What may not be disabling for one person may be totally disabling for another. Because of this, each claimant’s circumstances must be examined and analyzed in detail, with a careful eye to how those circumstances bear on that person’s true ability to perform substantial gainful employment. This is where an experienced attorney can make all the difference. Unless an attorney is experienced with handling Social Security cases, it can be extremely difficult to gauge the merits of a disability claim. The most important factors may be the most subtle, and only an experienced lawyer may recognize them and understand how they should best be woven into the theory of the claimant’s case.

If you feel that you suffer from a disability that prevents you from obtaining and holding gainful employment, please contact our law firm for a free consultation. Attorney Tyner will be happy to discuss whether you might qualify for a Social Security disability program.

More information on the Social Security Administration's disability programs can be found on their website.