State Agency Decisions and Hearing Decisions

Chicago Social Security disability attorney - Disability Claim FormGoing through the process of applying for Social Security benefits can be a complex web of laws and regulations. A Chicago Social Security disability attorney can explain the differences between how a state agency evaluates a claim and how an administrative law judge might approach it.

State Agency Determinations

Your Chicago Social Security disability attorney can explain that decisions regarding Social Security disability benefits are required to be consistent with medical evidence. However, decision makers who work for a state agency may only look at the medical findings to determine whether or not you can work. The Listing of Impairments may be utilized more commonly in order to provide a basis for a decision in a claimant’s favor at this level than at a hearing.

However, decision makers may use these listings as the reason for a denial, particularly in the case of individuals who are younger. Additionally, state agency decision makers may use formulas that were derived from state manuals to determine a claimant’s residual functional capacity for various medical impairments.

Hearing Decisions

Your Chicago Social Security disability attorney can also explain how administrative law judges approach decisions. They usually view the medical findings as basic borderlines for a variety of residual functional capacities. Some of these may eventually be grounds for a positive finding. Administrative law judges tend to view the case in its totality, including a claimant’s credibility, in order to determine the residual functional capacity is the most probable.

An administrative law judge may determine that a person who is younger than 50 is disabled because he or she is unable to perform a variety of sedentary-type work. Administrative law judges may be more generous with their findings. For example, one study showed that administrative law judges found individuals who reported back problems disabled about 75 percent of the time when state agencies only found 11 percent of similar claimants disabled during the relevant time period.

Contact A Chicago Social Security Disability Attorney

Individuals who would like to discuss the differences between state agencies and administrative law judges may decide to consult with a Chicago Social Security disability lawyer. Contact a Chicago Social Security disability lawyer Daley Disability Law at 312-561-3030.

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