Study Guide

Lesson Seven
Successful Correspondence

This lesson will show you how to effectively communicate with the Social Security Administration during the process of representing a disability claim. This lesson also includes tips on writing effective formal arguments on behalf of your client.
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Overview of Correspondence:

Correspondence from the standpoint of the disability advocate is nothing more than communication in written form.  In the field of disability advocacy, we use correspondence to inform, request or argue.  Written communication is important in this field because it leaves a paper trail that can be used to verify advocate action and protect the advocate from unsubstantiated allegations.  If there are questions as to what has or has not occurred in a case, the paper trail is the most reliable method of making this determination.

All correspondence sent to Social Security, medical sources or the claimant, should be neat and professional in appearance.  A well-structured neatly presented piece of correspondence can go a long way toward helping you win cases and improve customer satisfaction.

Nearly every case you represent will be presented in writing. Even if you present a case in-person, you’ll still need to present your argument in written form to assure that all aspects of your position have been considered.  Producing correspondence also creates a paper trail that demonstrates your actions in a case from start to finish.

Types of Correspondence:

As previously mentioned, correspondence in disability advocacy is used to inform, request or argue.  With this in mind, there are many different types of correspondence used on a daily basis in the practice of disability advocacy.  Some of these are:

Introductory letter: 

An introductory letter is used primarily to introduce yourself to a claimant or to inform Social Security of your status as the claimant’s authorized representative.

Request letter: 

A request letter is used to request case related materials from the claimant, the claimant’s medical or vocational sources or Social Security. The request letter can also  is also be used to request a specific action.

Rebuttal letter: 

This type of letter is used on occasion to indicate your disagreement with an action by the claimant of Social Security.  It can also be used as part of an introductory letter to indicate your disagreement with Social Security’s prior decision.

Formal argument: 

A forma argument, also known as a memorandum is used to present your position regarding the facts of a case.  .A formal argument is usually a detailed presentation of the facts within a case.  It is usually presented in chronological order based on the claimant’s impairment history.

With the exception of the formal argument, any given type of correspondence can be used for several different purposes.  For example, an introductory letter to SSA can also be used to request information, provide copies of medical evidence, inform SSA of an event or introduce a new or additional impairment for Social Security’s consideration. 

Please don't get hung up on the types of correspondence!  Use your correspondence to get things done.  If one letter can do the job, then use one letter!  If there is an important case issue that must be addressed, use a single letter to explain or describe the issue.

Rebuttal Letter:

A rebuttal letter usually contains a brief evaluation of a previous denial decision along with a brief explanation of why you disagree with Social Security's decision. This letter type can also be used as a cover letter or as a request letter.  It is usually sent on the reconsideration or ALJ levels, because it would make no sense to send a rebuttal letter if no previous decision has been made.  This letter is not a substitute for a formal argument.

Things to Include:

No matter what type of correspondence letter you produce, it must contain certain pieces of information in order to be useful to Social Security. The type of information provided in a letter depends upon the purpose of that letter. Try not to add information that is inappropriate given the purpose of the letter.  For example, you would not want to argue your case in a letter intended to request medical documentation. 

The following is a list of information that should be included in all correspondence letters sent to the Social Security Administration:

• Date the letter
• A letter head that provides the advocates name and address.
• Identify the claimant by name and Social Security number.
• Identify yourself as the claimant's authorized representative.
• Highlight the claimant's allegations and/or list his alleged impairments.
• If requesting medical, give dates.
• Provide a brief discussion of the reason for the letter.
• Be brief and get to the point.
• Ask for what you want.
• If informing SSA of an issue, be clear and brief.
• If providing evidence or other materials, list them in the letter.
• If requesting a copy of the claimant's folder, say this directly.  If requesting a specific piece of evidence, ask for it directly by providing the name of the sources, dates, etc.

Always be careful about what you disclose in a correspondence letter.  Don't volunteer information that might harm your client's chances of receiving benefits.  Keep in mind that because of your position as the claimant's authorized representative, your letters become part of the claimant's official Social Security folder. This makes your correspondence part of the evidence used to determine the case.


The Formal Argument:

This of course is the most important document produced by the disability advocate. This document is used to present the formal issues in the case along with summaries of medical and vocational issues.  It is the advocate’s opportunity to inject issues that may or may not have been properly presented at the initial or recon levels.  It is also an opportunity to summarize the issues and list evidence that supports the advocate’s position.

Timing of an Argument:

There is no specific rule governing when an argument should be submitted to Social Security.  However, common sense tells us that submitting an argument before you have the facts or after the case decision has been made would not do the claimant much good.

The formal argument or memorandum should be submitted to SSA as soon as possible during the Reconsideration or ALJ appeal levels.  On the initial level, a formal argument can be submitted when there is enough evidence available to formulate a reasonable argument. Most cases are represented by an advocate on appeal so that is where you should focus your argument fire. 

After acquiring any additional evidence in a recon case or ALJ case, you can then prepare and submit your formal argument at that level. If you have written an argument on a previous adjudicative level, you can and should use it again adding the affects of new evidence or a new or overlooked allegation.

Moreover, we have found that a formal argument is not as affective at recon as it is at the ALJ level unless there is a new impairment. A letter claiming additional impairments or limitations can be effective at reconsideration because it forces the examiner to carefully re-review the case.  The examiner must address and take into consideration all additional allegations presented by the claimant or representative.  We have also found that additional symptomatic issues like pain can be used effectively on both the recon and ALJ levels.

The formal argument is the backbone of case representation on all adjudicative levels and should be carefully constructed.  All things being equal, if your formal argument is well constructed, regardless of your writing style, you’ll have a better shot at winning the case for your client.

Things to Mention in a Formal Argument:

The following is a list of important elements that should be included in a formal argument or memorandum:

• All the identifying information listed under letters.
  
   
• A brief mention of the previous decisions
  
   
• A brief mention of the reason for the previous decisions.
  
   
• A list of all favorable medical sources with a discussion of their contribution and opinions.
  
   
• A direct discussion of case issues in the case.
  
   
• A direct discussion of the limiting effects of the claimant's impairment. This would include a discussion of the claimant's physical restrictions and a reference to all supporting evidence.
  
   
• A brief vocational evaluation, formal or informal, should also be mentioned. 
  
   
• If possible, include any reference sources relevant to the description of the claimant's past or other work.
  
   
• Your opinion of claimant's condition as supported by the medical findings.  Do not hesitate to point out reasonable restrictions on a claimant's ability to work. Also include physical, educational or age related functional limitations that are directly supported by the evidence.
   

• At the end of your formal argument, summarize the supportive medical evidence, your argument and your conclusions.  Make sure your position is clearly stated and in the claimant's favor.  Do not appear apologetic or only half convinced about your position and always be polite and professional.
  
   
• If you feel that your case is weak, ask for a diary date.  This approach is usually effective only at the ALJ level and is discussed in Lesson Eight under fine-tuning.

Remember, the basic components of a formal argument should be included in all cases you represent.  Do not become too rigid in your approach to a formal argument. Allow room for creativity while always utilizing the facts of the case as the primary supporter of your position.  We provide a couple of sample formal arguments in the instructional syllabus.

Objective of the Formal Argument:

The single most important objective of the formal argument is to make the claimant appear as disabled as possible without altering the facts of the case.   In this course, we have concentrated on teaching you to use real evidence as the primary ammunition in a claim.  However, a little hard-core emotion in your argument can also go a long way toward helping you win the case.

Care About Your Work!

Preview of lesson eight:

In lesson eight, we'll take the case argument to the next level. We will discuss the art of fine-tuning your argument on behalf of a client before submitting it to Social Security.  Please also review the MemoWrite program.  This program provides even more information about creating arguments and it contains an easy to use argument template. 

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