Social Security Denied: Should I Appeal?

Social Security Disability is not available for everyone who has an impairment. If you are under age 50 and are still capable of some kind of employment in the national economy then you probably cannot get Social Security Disability. What you can do is contact your state Department of Rehabilitation and seek help in obtaining retraining or job placement. This service should be free for anyone who has an impairment. Of course, if you are still working and making $840.00 or over then you are presumed not to be disabled.

If you are over 50, then proving disability gets somewhat easier. However, your age really does not help you until you are 55 or over. If you are 55 or over, have a severe impairment that prevents past relevant work (PRW), then you are a better candidate for disability. If you have less than a high school education, are over 55, and have only a history of unskilled work, then you are even a better candidate for disability provided you have a severe impairment. As the above discussion shows, when applying for Disability, it is better to be older than 55, uneducated, and have no skills. If you lack any of these, then the case for Disability becomes harder. Alternatively, it is also helpful if the skills you acquired from your work are job specific and are not readily transferable to other occupations.

Of course, there are those cases in which the impairment is so severe that all employment is precluded even though the claimant is young or highly skilled or highly educated. But most cases involve claimants who because of their impairment cannot do their past relevant work (PRW). Then the Big Question becomes can they do other light work or perhaps sedentary (sit down work) in the national economy despite their impairment.

Where an individual case fits in the process can be determined by an experienced Social Security Attorney. He or she can evaluate the case and advise whether or not it is worth going forward.

Here Are a Few Basic Suggestions on How to Deal With Media Representatives Regarding Your Court Case

Most reporters and journalists are highly ethical and truly professional. Media frenzy often gathers around potentially scandalous and scornful events, highly publicized disputes that end up in court or criminal charges involving influential people. Let’s face it. Television stations, newspapers and magazines specifically hire reporters and bureau chiefs to write and report stories that are expected to be of interest to the public.

Chances are the more powerful you are, the higher the possibility of your becoming either a media celebrity or media pariah. But even if you are relatively unknown, it takes a few steps to the local courthouse to see your name in the local and sometimes national newspapers.

Be courteous and friendly with reporters, but proceed with care when talking to them about your court case. If you are in the middle of a highly sensitive and controversial case, the wisest and safest way is to say a polite but firm “No”, or “No comment” to anyone who wishes to interview you, unless the reporter assures you that the interview will be used as background only to assist his or her understanding of the factual and legal basis of your case.

You should be careful not to disclose information that may be used by your opponent to make a stronger case against you. Also be careful not to give the impression that you are intentionally seeking notoriety in order to advance your cause on the backs of the media “forces”. Even if you ask the reporter to conceal the source of the information, many readers, including your opponents and their lawyers will have little doubt figuring out who the source is.

If you wish your remarks to remain “off the record”, make sure you express your wishes before the interview begins, and go as far as obtaining written assurances from the editor or bureau chief to protect the highly sensitive nature of your discussions.

If your comments are printed, you may discover that in spite of the best efforts of the reporter to be accurate, the story may contain inaccurate information. Ensure that the paper will publish a correction. To avoid this, insist that the interview is recorded.

If you inadvertently reveal material evidence that finds its way in the media for the first time, your identity may eventually be revealed with possible negative consequences for you and others.

In many situations, it is best to let your lawyer speak to the media on your behalf in order to ensure that you are fully protected. Your lawyer will also explain the meaning of some highly technical terms and the legal framework of your case.

Lawyers in North America have a moral, civic and professional duty to speak out and publish their comments where they honestly believe they serve a social purpose by providing information on a topic that is of interest to the public at large. Lawyers should also feel free to speak out where they see an injustice. By virtue of their education, training and experience, lawyers are particularly well-equipped to provide information and stimulate reasoned discussion and debate on important legal issues. Your best interests, especially your freedom of expression, may be legitimately served by allowing your lawyer to initiate conduct with the media. For example, the courts in Canada have ruled that the public has a constitutional right to receive information with respect to legal issues and matters pending in the courts and in relating to the legal profession and its practices. This freedom may have its limits: your lawyer cannot engage in a calculated campaign to discredit or defame your opponent, his or her lawyers or the court. The same caveat applies if you are self-represented. When talking to the media treat everyone with respect, integrity and courtesy.