Listings

Meeting a “listing” is one way to establish entitlement to Social Security Disability (“SSD”) benefits. Frequently, all the criteria of a listing may apply to a claimant, but the treatment records may not reflect each criterion. Recognizing the potential applicability of a particular listing, and that some criteria are absent from the treatment records can be overcome. 

I represent a 42 year old graphic designer from Long Island with various back problems. While he received extensive treatment for his back, including lumbar surgery and MRI testing, the records did not reflect that he always met all of the listing criteria. Therefore, we tailored forms for the claimant’s spine specialist to complete that addressed the criteria for listing 1.04, and the response revealed that the claimant did in fact satisfy each element. 

At the hearing, a medical expert (“ME”) testified that the claimant met listing 1.04. Moreover, the ME testified that even if the claimant did not meet or equal the listing, the medical evidence, including the spine specialist’s report, reflected the inability to perform sedentary work. Since the claimant was 42 years old, without the responses to the form we prepared for the spine specialist, the claimant probably would have been denied SSD benefits.  This is another example of why it is so important to retain an attorney who specializes in SSD claims.  If you are thinking about applying for SSD benefits, please contact my office for a free phone consultation. We have offices that are conveniently located in both Nassau and Suffolk counties on Long Island.