Our Augusta Georgia Social Security attorney can explain that there are distinct differences between how state agencies evaluate disability and administrative law judges do. He or she can explain these differences and how they may impact a particular claimant.
State Agency Decisions
State agencies usually utilize the Listing of Impairments when evaluating a disability. They often use these listings for justifying an appeal, especially for younger individuals. The listings provide specific medical criteria that a claimant must equal or meet regarding physical and mental impairments. If the claimant does meet the criteria including the level of severity required for the listing, the individual is presumed to not be able to engage in substantial work activity. An Augusta Georgia Social Security attorney can explain that state agencies typically only consider medical findings when considering a claimant’s ability to complete work activities. State agencies tend to deny many more applications than administrative law judges. However, even if a claimant does not meet a listing, an Augusta Social Security disability attorney can explain that an individual can be found disabled in other ways. This includes if the claimant is unable to complete past relevant work or other work that exists in significant numbers in the national economy, based on the claimant’s age, work experience, education and residual functional capacity.
An Augusta Georgia Social Security attorney can explain that state agencies often use formulas in determining the claimant’s RFC. By using this formulaic approach, claimants who have similar medical findings are treated in the same manner. However, these formulas often conclude that many claimants can perform some sedentary work. Claimants who are under 50 and who are capable of performing a wide range of sedentary work is not considered disabled.
Administrative Law Judge Decisions
An Augusta Georgia Social Security attorney can explain that administrative law judges decide appeals. They often approach the issue from a different perspective. They may view medical findings with greater flexibility than state agencies. They may consider different proposed RFCs. They evaluate the credibility of the claimant in trying to make this decision. Administrative law judges are more likely to approve claimants.
Legal Assistance from Our Augusta Georgia Social Security Attorney
For more information on this subject, contact a Augusta Social Security disability attorney from Wilkinson & Magruder, LLP by calling (706) 737-0771.