What are Social Security “Listings” and how can I win my case using one?

There are three basic ways to win a Social Security case: 1) if you meet a listing; 2) if you meet a grid rule; and 3) If you can prove that your functional capacity for work has been so compromised by your impairment(s) that you are not able to work in a competitive work environment.  For now, let’s focus on the first one: meeting a listing.

Social Security publishes a set, or a list, of medical impairments that they consider serious enough to qualify you as disabled.  This set is collectively referred to as Social Security Listings, and includes many serious medical problems like chronic heart failure, cystic fibrosis, anxiety disorder, or paranoid schizophrenia.  The list goes on and on.

If your health condition meets a Social Security listing, then you automatically win.  The catch is that your medical records have to support your claim that you meet a listing.  Part of my job as an attorney is helping to gather medical records that support your claim.

My experience has been that many claimants who meet a listing are approved early on in the process.  This is because the medical descriptions in the listings reflect very serious medical conditions.  So, if a Social Security adjudicator, who has very little medical training, is able to recognize that your medical condition meets a listing, then you are likely and clearly deserving of disability benefits.

Do Your Medical Records Contain “Magic Words” which support your claim of meeting a listing?

It has been my experience that in order to win a case by meeting a listing, you will need supporting medical records and/or a statement or questionnaire from your doctor regarding that particular listing. My staff and I have prepared questionnaires on most of the listings.  They allow your doctor to answer questions about your condition(s) by simply checking off boxes on a questionnaire.

I often explain to my clients that to win early by meeting a listing, your medical record must have “magic words” that will identify your medical problem and why you’re unable to work.  Such words are part of Social Security’s language, and being able to identify means communicating more effectively with the SSA throughout the process.

For example, the State Adjudicator and the medical consultant at the State Agency will likely notice specific wording in your records when looking to determine if your medical condition meets a listing.  But be warned, however, that many of these listing level cases still fall through the cracks.  If you do meet a listing and do not get approved early, its my job as an attorney to prove you meet a listing by the time of the hearing.

Using a Listing Argument at Your Administrative Law Judge Hearing

Even If your listing level case is not caught at an early date, you may still win on the listing at a hearing.  Judges often call upon medical expert witnesses to appear at the hearing.  Medical experts only appear in about 20% of the cases I try, so if the judge has called a medical expert witness I know that must be a good sign. It usually means that the judge has reviewed the file and recognizes that your case may be at listing level.  It could also mean, of course, that the medical record is very complex and that the judge needs assistance in explaining what is going on!

If your medical problem meets or equals a listing, there is a strong possibility that the judge will not spend too much time evaluating your occupational profile. So, if you meet a listing, Social Security believes that your medical problem would cause a significant and long-term obstacle to your capacity to function effectively in the workplace.