Social Security Disability Claims: Part Two

“There is an old story of blind men trying to describe an elephant. One felt the elephant’s leg and declared that the creature was like a tree, another felt the enormous side and said the elephant was like a wall, while a third, feeling the tail, was positive the animal was like a rope. Each man had a notion of reality that was limited by the number and kind of attributes he had perceived.”  Wayne C. Minnick, The Art of Persuasion, 1957.  

The above anecdote reminds me of the importance of the in-person hearing in a Social Security disability claim.  Statistics indicate that approximately 2/3 of applicants are denied at the initial levels of the Social Security disability process, but 2/3 of applicants are approved in front of an Administrative Law Judge. Like the above story indicates, each person’s reality is quite limited when it’s described only through one avenue. Because an examiner making a decision for Social Security at the initial level only has medical records and written statements upon which to base his decision, he’s like the blind man feeling only the elephant’s tail trying to describe the entire elephant. I think this limited view of a person’s disability is a big reason why so many claims are initially denied. However, when a person gets to present their case in person to a Judge and describe the “entire elephant,” so to speak, a more complete picture of that person’s disability comes into focus. The Judge can see the elephant’s leg, side and tail to arise at the proper decision, which is often a reversal of the initial examiner’s denial of disability.  

The moral of this little fable is to remember to always appeal a disability denial to get to a hearing in front of a Judge so you may present the “entire elephant.”  

Article provided by attorney Gary Bimberg. Mr. Bimberg exclusively handles Social Security disability claims across the United States. He is happy to answer your questions at 1-800-675-0613 or at gbimberg@levinebenjamin.com