There are few other areas of disability advocacy more important than the art of writing an argument on behalf of a disability client.  The purpose of a formal argument is to provide Social Security with a case perspective that favors the client's allegation of total disability.  The keys to writing a successful case argument are factual evidence, evidence timeline, presentation and summation.

Factual Evidence:  In a disability case, a claimant's medical and vocational evidence is the primary source of the facts used to argue the case.  Factual evidence can also be generated via other types of professionals familiar with the client's case.  Friends, family, associates and even employers can be a source of factual evidence to support a claimant's allegation of total disability.  From the perspective of the disability advocate, the most important factual evidence is the evidence that supports the claimant's allegations.  However, facts that contradict a claimant's allegations are also important and must be challenged if the case is to be successfully represented.

Impairment Timelines:   The Impairment Timeline is the sequence of evidence events that occurred  from the client's date of onset to the most current date of evidence availability.  These medical evidence events are usually manifested as doctor's visits, hospitalizations, surgeries, laboratory test, etc.  When Social Security reviews a disability case, they organize the medical evidence into event timelines. This timeline approach enables the Social Security examiner and medical staff to review the claimant's condition in a timeframe from start to the present.  If this evidence sequence shows that the claimant was definably disabled and unable to perform work, the claimant will be found disabled.  The Established Onset Date (EOD), is determined by Social Security.  The EOD is usually set at the beginning of the evidence timeline or on the date when the claimant stopped working.

Argument Presentation:  Since Social Security uses the timeline method of organizing case evidence, it makes good sense for disability advocates to do the same.  Organizing case evidence into a timeline also allows you to present the case in a manner that is familiar and comfortable to Social Security.  Using a timeline in your written and/or oral case presentations also makes it easier to show the impairment's progressive negative affect on the claimant's ability to perform work. 

The Summation:  A case argument without a summation is like an ice cream bar without a stick.  It looks good on the surface, but will quickly melt under the heat of close evaluation.  An effective case argument must always include a summation of the key points within the argument that support your position.  The summation should reinforce and remind the reader of the important points that support the conclusions made by the advocate. 

Argument on Appeal:

An case argument can be advanced from one adjudicative level to another, usually with only manner adjusts to the previous argument.  Example:  If you have written a formal argument at reconsideration, you can use the same argument at the Administrative Law Judge appeal level.  However, you would add a segment to the argument discussing the affects of the new or additional evidence.  You should also discuss how the new or additional evidence supports your belief that the client is totally disabled. 

Structure of a Formal Argument:

The good news about formal arguments is that there is no one way to write them.  Because there is no one way, you have a license to be creative.  However, no matter how creative you are, there are certain items that must be included in every formal argument sent to Social Security. 

The following is a list of the basic elements within a formal argument.  Listing and summarizing evidence in the order below will help you to create better argument:

a)  List the primary, secondary diagnosis, onset, case type and treatment dates.
b)  Make note of the claimant's SSN, case level, and job titles.
c)  List the claimant's alleged symptoms and limitations.
d)  Check for loose nexus between the impairment and the symptoms.
e)  Look for medical findings that support the alleged symptoms.
f)   Look for nexus between symptoms and alleged limitations.
g)  List all the medical sources in chronological order .
h)  Explain your case in narrative format. 
i)   Use the Doctor's name when describing supportive evidence.
j)   Bring in vocational factors.
k)  Compare claimant's limitations to the duties of the claimant's past work.
l)   Explain why claimant can no longer perform past work.
m) Compare claimant's limitations to the duties of other less demanding work.
n)  Explain why claimant can not perform other less demanding work.
o)  Summarize your argument.
p)  End argument by asking that an allowance determination be made.

Tips for Writing an Argument:

When creating a formal argument, always keep the following rules in mind:

1)  Keep it fairly short!  A memorandum should not exceed seven pages in length no matter how complex the case.  A formal argument is read by a disability examiner, hearings officer or administrative law judge.  These individuals are extremely busy and will not take the time to read lengthy or convoluted arguments.   Keeping your argument under three pages makes it easy for a Social Security employee to review and use your argument in their decision.    The easier it is on the Social Security reviewer, the more likely he is to accept your conclusions.

2)  Identify yourself as the authorized representative of a case.  Social Security regulations state that only a person can represent another individual in a disability claim.  A company cannot represent a case.  Therefore, your company letterhead is always of secondary importance to Social Security.  

3)  Start your argument with client information.  That is, provide information that specifically identifies the client by name, Social Security number, chief complaints, past employment and the application level.   

4)  The Date Last Insured (DLI) should only be used if the client has a DLI in the past.  For example, if the client's DLI is 1/1/04, this means that the client must be found disabled on or before 1/1/04 in order to receive benefits.  If the client's onset date is 2/1/03, and the DLI is 1/1/04, you must acquire the medical evidence dated from 2/1/03 - 1/1/04.  The client must be found disabled from the period of 2/1/03 - 1/1/04 in order to receive benefits.  If the client is allowed for this period, he will then be reviewed for disability from 1/1/04 to present.  If the client alleges a continued disability after his DLI, this time frame can only be considered after disability is proven prior to the DLI date.  A DLI in the past occurs in about 10-15% percent of all disability claims.

5)  Opening language should include the client's age, education level, primary and secondary diagnosis, description of physical and or mental limitations derived from the client's symptoms.

6)  Medical sources used in creating your argument should be listed with names and dates of the reports.  List all doctor's reports, hospital admissions and discharge summaries, laboratory tests, x-rays, nursing notes, ADL and questionnaire forms used in creating your argument. 

7)  Discuss the case level in more detail.  If the client's case is on the reconsideration or ALJ level, indicate this in your argument.  List any additional medical sources added since the previous decision.  State what SSA's previous decision in the case was, and why they came to their conclusion.  For example, SSA denied the initial case because they felt the client could perform the duties of his past work despite his impairments.  State your disagreement with SSA's decision and then state why you disagree.  Example, SSA failed to consider an important medical source or finding, the progressive nature of the client's disorder, the effects of a secondary diagnosis, etc.,.

8)  Identify and discuss the effects of the client's primary diagnosis using the medical evidence to support your opinion.

9)  Identify and discuss the effects of the client's secondary diagnosis using the medical evidence to support your opinion.  If the client has three or more serious disorders that cause further limitations, don't hesitate to use these impairments to further restrict his RFC.   Remember, you can create your own RFC based on the symptoms suffered by the claimant.  SSA will only agree with your RFC if you use the medical evidence to support each limitation within the RFC you create.

10)  Discuss vocational issues.   For example, if the client's primary past work was as a carpenter, you must briefly describe the physical demands of that job as described by the claimant.  Then show how the claimant's physical symptoms relate to his limitations.  Then show how or why the claimant's limitations prevent him from performing the duties of his primary past work as a carpenter.  Then using this same approach, begin arguing that the claimant 's physical restrictions also prevent other less demanding work.   See Sequential Analysis chart.  Use the medical evidence to prove and support the existence of an impairment, its symptoms and limitations that prevent sustainable employment related activity. 

11)  Summation:  The summation is often overlooked by disability advocates.  This is a big mistake!   Often, a Social Security evaluator will use the summation of your argument to gauge the overall strength of your case.  Use a summation at the end of every argument you create.   It should be three to five paragraphs in length, sum up all key issues in the case, should clearly state your conclusions and request the case outcome you desire.  Don't be shy or ambiguous.  It is important that you directly ask for an allowance determination in the case.