HOW TO CHOOSE A LEGAL THEORY FOR YOUR CASE

Choosing a legal theory for your disability case is vital if you want to win it.  Yet, this is probably the one area that individuals who represent themselves just don't know how to do.  What is a legal theory?  What are your choices?  What decides which one you will use?

 A legal theory is best explained this way:  What will cause a judge to decide that you meet all of the requirements that the law sets forth to get a disability benefit?

 A legal theory is NOT the belief that you are disabled, the belief that you can't work, or the theory that you've paid into Social Security for years and now it's time to get something back.  These are beliefs, feelings or attitudes--not legal theories.

 A legal theory will develop as an attorney pours over the medical records and facts of the case.  It will be fact based, not opinion based.  The word "theory" may sound a bit subjective or wishful, but it is not.  A legal theory is how the facts line up with the law to result in a good outcome.

 FACTS of the CASE + RULES & REGULATIONS = OUTCOME

 Below are a few examples of what I mean by legal theories:
  • The claimant is 57 years old, would be limited to a light exertion level, has a limited education and medium, semi-skilled past relevant work.  He has no transferable skills to sedentary work.  He should be found disabled and eligible for benefits under Medical-Vocational Guideline 201.02.
  • The claimant is 48 years old, has a high school education and past relevant work at the skilled, light exertion level.  Her medical record reflects a severe impairment which meets or equals Listing 13.07 for multiple myeloma, post status stem cell transplant.
  • The claimant is a 27-year old individual with a high school education and semi-skilled past relevant work at the sedentary exertion level.  She does not meet a Listing or Medical-vocational guideline; however, because of a combination of severe physical and emotional impairments, she would be unable to sustain any full-time work which is available in substantial numbers in the national economy.  This is supported by the following medical Exhibits.......
Medical records, of course, are used to bridge all the gaps and hinge the theory together.

This is what a skilled attorney or advocate can do that the average claimant cannot.  The unrepresented claimant simply goes in and says, "Here is why I believe I can't work."  However, he may not be able to specify why the rules and regulations direct the judge to pay the claim.  And judges are sticklers for rules and regulations; that's why they are judges.

The hours you spend with your attorney prior to a hearing are valuable.  By understanding the facts of your case, your attorney/advocate is able to lay out a legal theory that has the best chance to convince the judge that you have a legally viable case that should be paid.

Judges do not pay claims because they believe you are sick or even disabled.  They pay claims because the law directs them to do so.  

It will pay you to get someone who understands the legal "mumbo-jumbo" to help you because this is also the language the judge speaks.  Remember, an attorey/advocate will not charge you a nickel unless you win your case and also collect back pay as a result.
_____________________
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806

CALL US    (256) 799-0297
Email Me:  forsythefirm@gmail.com

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