Winning a Social Security Disability Claim from a Judge's Perspective

What does your Social Security disability judge expect to see in a winning claims file? Disability judges review hundreds of case files every year and most develop profiles for various medical problems and what constitutes a case they can approve for various medical issues.

If you are pursuing disability benefits based on low back pain, for example, most judges will be open to approving a case that includes MRI evidence showing one more herniated discs, with nerve root impingement and radiating pain into the legs.

Does this mean you cannot win if your MRI shows only bulging discs and no pain radiating into the legs? No. But you may need additional evidence of other medical conditions like diabetes or congestive heart failure to convince the judge to approve.

If you are pursuing benefits based on depression/anxiety/PTSD, your judge will likely expect to see evidence of in-patient mental hospital stays, suicide attempts or multiple failed efforts at symptom control with different psychotropic medications.

Mental health cases without this type of evidence can be approved but you may need evidence of physical limitations to meet the judge’s mental “finish line.”

Experienced judges have evaluated hundreds or thousands of cases and they have expectations about what constitutes enough evidence to approve a case for dozens of medical impairments and combinations of impairments.

In preparing for your hearing, you and your lawyer need to evaluate your case from the perspective of the judge. As a disability applicant you have decided that you are disabled; at a hearing you have to step into the judge’s shoes and see your case from his/her perspective.

In close cases, your testimony can make a huge difference. Clear testimony about exactly how your medical issues impact your capacity to sit, stand, walk, lift, carry and move can be very convincing. By contrast, vague statements like “I can’t sit very long or lift very much” are too vague to help you much.

Ask your lawyer to explain to you what his/her experience has taught him/her about what the judge in your case expects to see in a case like yours that the judge will approve.

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