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Social Security Disability  How having to use a cane affects you claim

Social Security Disability  How having to use a cane affects you claim

Over the last 3 decades, the Alabama Disability Lawyers at Powell and Denny have handled hundreds and hundreds of claims for our clients, and many of them often have to rely on the use of a cane to assist them in walking.  A cane helps them maintain balance, makes walking over uneven surfaces easier and helps protect them from falls.  Unfortunately, most of the time the administrative law judge (ALJ) who hears their cases attempts to discount our client having to use a can unless the use of a cane or other assisted walking device was prescribed by a physician-which is contrary to the law.

You see, some ALJ’s opine that if a claimant seeking disability benefits was not prescribed a cane, then they are trying to make their ailments seem worse than they really are, and therefore they question the claimant’s credibility, but there is case law which states the use of an assisted walking device, even if not prescribed, is not enough alone for a judge to find the claimant’s testimony to be uncredible.  One reason is that purchasing a cane or walker does not require a prescription-anyone who believes they need one may simply purchase one.  Furthermore, often it is a therapist or other medical personnel who suggests a claimant may benefit from the use of an assisted walking device-but not the doctor themselves.

This is a vitally important issue as in a claim for Social Security Disability claims, the administrative law judge has to identify specific physical and mental limitations which effect one’s ability to perform job duties.  If you have to use a cane or walker, then jobs which require more than occasional standing, walking, climbing, kneeling, bending or carrying items would adversely be affected and could limit the claimant to only sedentary type jobs.

Having stated this, the administrative law judge is given a wide amount of latitude in how they handle their cases, and with this in mind, if you believe that you need to use a device to help you ambulate, please discuss this with your treating physician and inquire into whether they will write a prescription for you.  Not only would this help nail down your need to use an assisted walking device, but it would also most likely entitle you to a disability parking decal-which is also good evidence in you claim for Social Security Disability benefits.

If you are disabled and you have questions about your right to Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits, contact and speak with one of the experienced Alabama Social Security Disability lawyers at Powell and Denny for a free consultation.

Appointments are available in person, or virtually through Zoom for your convenience.

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Alabama Disability Attorneys

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry and included in the list as one of the Mid-South’s Super Lawyers.

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

+ Powell and Denny have successfully represented disabled person from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Pelham, Alabaster, Calera, Centre, Trussville and towns and cities in between.



Social Security Disability  How having to use a cane affects you claim

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