Social Security Disability

According to the Social Security Act, “disability” means you are unable to work. A person is determined to be disabled if: He or she cannot do any work that he/she did before; and the person cannot adjust to other work because of his/her medical condition(s); and the “disability” has lasted, or is expected to last, for a continuous period of at least one year or to result in death.

If you have a disability which has made you unable to work, an experienced law firm which regularly works with social security claims can be beneficial. Kocian Law Group will effectively and aggressively represent you to ensure your rights are protected.

When looking at social security claims filed from 2001 through 2010, the award rate for disabled applicants has varied. The percentage of applicants awarded benefits at the initial claims level averaged only 28 percent, however, over the same time period. Therefore, in order to raise your chances for a successful claim you need to retain a firm experienced in social security matters such as the Kocian Law Group.

We understand the stress and uncertainty that can be associated with pursuing your social security claim. You are not feeling well and are unable to work.  You may be in fear of leaving your home, your palms become sweaty and your heart pounds when you think about it.  You do not want to be around others.  There are days where you physically, or mentally, cannot even get out of bed, shower or get dressed. You have tried to represent yourself in your disability claim but are at a loss as to what to do next.  Government agencies continue to bombard you with documents, forms, questionnaires and there is no end in sight.

You do not have to go up against the bureaucratic giants on your own.  You may no longer have the energy to keep fighting, but you need to use what energy you do have to get to your medical appointments and follow the recommendations of your medical providers.  Let Kocian Law Group do the fighting for you.  Our group of legal professionals has experience handling claims like your own.  Let us put this experience to work for you, or a loved one, who may be discouraged from decisions denying benefits for disability.

About your social security claim

Our team of professionals has gathered some information on the most frequently asked questions regarding social security claims.

  • Does your doctor agree that you are disabled? Our firm works with your doctors and, when appropriate, requests they complete medical statements to help the decision maker in your social security disability claim make a decision in your favor. Medical causation is vital to the successful approval of a social security claim.  When your doctor is behind your case it is more likely that you will succeed in obtaining an approval.
  • Has your doctor ordered testing for you to verify the diagnoses, and to make sure all your medications are working correctly and not causing any harm?  At Kocian Law Group we carefully review your medical records to determine if we have necessary evidentiary proof (including testing) to verify your diagnoses. Administrative law judges often look to the objective records in your medical chart in order to ascertain if there is a reliable medical basis upon which to base their opinions.  Also, the interaction of medications is another important factor that can be considered by the tribunal in the analysis of your social security claim.
  • Has your treating physician adjusted your medicines as needed? Depending on the side effects you suffer from, your medication may also affect your ability to work and your likelihood of obtaining benefits. Your health may likely continue to decline, in spite of all the medical interventions.  Unfortunately, you may never become well again.  The effects of medicines themselves is yet another factor that may be considered by the Administrative law judge in reviewing your case.
  • Does your pain radiate throughout different parts of your body? Is it difficult for you to get out of bed? If you are able to persuade the disability examiner, or the administrative law judge, that you are unable to work in any type of job, then your chances of success on your claim are very good.  Radiation of pain throughout the body and inability to even arise from bed are significant factors that militate in favor of your receiving Social Security benefits.

Disclosing your medical condition & history

The totality of your medical condition must be presented to the Social Security Administration. At Kocian Law Group we will present the total picture of your impairments, both physical and mental, and argue on your behalf that the combination of impairments qualifies you for disability benefits. It is noteworthy that decisions on whether or not you meet the legal definition of “disability” are not reliant solely on your physical maladies.  The combination of both physical and mental impairments are key factors in the ultimate determination of disability and eligibility for benefits.

Your work history, educational experience and medical history are also important. Before you ever applied for social security disability benefits you most likely were employed. In all likelihood you worked for the vast part of your life. You probably have enjoyed working and are proud of your strong work ethic.  It is not an easy task to admit that you need help and can no longer support yourself.  The last few years have probably been hard on you because you may have struggled to stay competitively employed as you battled your deteriorating physical and/or mental conditions.  You simply may be too sick to work.

That is where our office steps in to paint the most vivid portrait of your disability in the most favorable light for you so you are awarded social security benefits.  Your work history is a significant part of your background.  It is viewed not only in the context of what you could do historically, but more importantly what “transferable job skills” you may currently have. The lack of “transferable” skills, when viewed in concert with your educational background and medical history are components that are weighed by the Social Security Administration to determine eligibility and whether or not you qualify for “disability” status and benefits.

Vocational analysis of your abilities is another important factor. When a prospective employer decides whether to hire you, that boss will expect a complete commitment on your part to work any and all hours that you are scheduled for. Not to mention that in this competitive work environment, employers expect you to give the job 100 percent at all times.  What are you to do if you are off task, due to disability, for at least 15 percent of the time?  In an eight hour work day that means that you would be off task for an hour and 12 minutes of the time.

If your disability results in limitations in attention, focus and concentration, then you would not be able to sustain any type of employment either in the national or the local economy if that were the case.  When this finding is made, social security benefits issue in your favor.

Illustrative types of injuries that can lead to successful awards of social security benefits are as follows:


Our team of social security attorneys look forward to working with you. For more information call Kocian Law Group, or contact our firm online: 1-860-730-6100.