January 20, 2019

The Listing Strategy

How to Win Your Cardiac Disability Case Using the Listing Argument

What is Cardiac or Heart Disease?

The technical name for cardiac or heart disease is cardiopathy and is a blanket term for any disease or disorder that inhibits the proper functioning of the human heart. Statistics as of 2007 have revealed that it is the #1 cause of deaths in Canada, England, and the US. In the US alone, it is estimated that an individual dies every 34 seconds as a result of heart disease. It is also one of the leading reasons for SSDI claims since the suffering individual often has little or no capacity for work.

Selecting the proper argument to win your case

Social Security Disability attorneys will choose between three arguments to present your case to an SSA adjudicator or judge. One of these types of legal arguments is referred to as the “listing argument” or the listing strategy. The Social Security Administration has compiled detailed descriptions, or “listings,” regarding disabling medical conditions, such as cardiac or heart disease. Fortunately, the SSA recognizes that the medical diagnosis of cardiopathy is serious enough so that the individual is automatically considered disabled by meeting the listings.

Unfortunately, even if you’ve been diagnosed with heart disease by your physician, your medical documentation may not be substantial enough to qualify you for SSDI benefits, as the SSA makes it difficult to do so. In many instances, a claimant may fail to meet the listing requirements. This is not to say that the heart disease or disorder you are suffering with is not critical enough to disable you. In most instances, it is probably due to the fact that your physician has not followed the listing language when making their notes about your condition.

An experienced Social Security Disability attorney can help you

Due to the complexities of the SSDI application process, you should consider hiring the services of an experienced Social Security Disability attorney. They are able to prove that your heart disease meets the SSA’s listing requirements in order to win your case so that you start receiving your SSDI benefits.

Part of the process involves developing a listing checklist for your doctor to fill out and then presenting it to the SSA adjudicator or judge who is dealing with your disability claim. By filling out this form, your physician is providing the judge with the proper information regarding your case that the Social Security Administration needs to see. It also provides your attorney with proper documentation of your case as well.