Preparing A Formal Argument

At the bottom of case examples 1 and 2, you'll find a sample formal argument for these cases. 
This segment will provide additional considerations when preparing a formal argument.

The formal argument or memorandum should be submitted to SSA at the beginning of or as soon as possible during the Recon hearing or ALJ appeal process. If you manage to get the medical evidence during the initial or recon phase, you can prepare and submit your formal argument at these stages.

More over, we have found that a formal argument is not as effective at the initial level as compared to the ALJ level.  This is especially true when new impairments and/or documented restrictions are alleged. A letter stating additional impairments and limitations can be effective at Recon or ALJ because it forces the SSA examiner to carefully re-review the case and take into consideration additional allegations and complaints from the claimant or representative. We also find that issues such as pain can be effective if argued on either the Recon and ALJ levels.   In any event, the formal argument is the backbone of case representation at the ALJ level and should be carefully constructed. If your formal argument makes sense, regardless of your writing style, you have a good shot at winning the case for your client.

The formal arguments presented in example 1 and 2 are specific to the cases of Mr. Shane and Tammy Little.  Both arguments contain basic considerations which should be included in all formal arguments. The following is a list of factors to include in your formal argument or memorandum:

1. Numbers one through six of the rebuttal letter list on previous page should be in all memorandums to SSA.

2. A detailed discussion of your evaluation of the case to include:

a) Discuss the medical findings, all previous decisions, and the names of all favorable medical sources.

b) Discussion of claimant's physical restrictions as alleged by the claimant, pointing out all supporting evidence.

c) Your vocational evaluation (formal or informal) including DOT/SCO numbers and other reference sources including client's previous employers.

d) Your opinion of claimant's condition as supported by the medical findings. Do not hesitate to point out reasonable restrictions on a claimant's to include physical, educational or age related functional limitations which may or may not have direct support from the evidence. Remember, if you point things out, SSA cannot ignore these limitations and must consider them in respect to a claimant's realistic ability to perform work. The ALJ can consider all physical and mental factors related to a case that may have been ignored or overlooked by SSA in a previous evaluation. The claimant is the best source for finding additional limitations or allegations.

g) Determine and ask for a diary date if your case is weak. See case example one.

Remember, the basic components of a formal argument should be included in all cases you represent. Do not become rigid in your approach to a formal argument. Always allow room for creativity in your argument while generously utilizing the evidence of record that supports your opinion.

Objective of argument:

The single most important objective of the case argument is to make the claimant appear as disabled as possible without altering the facts of the case. We have concentrated our efforts on teaching you how to utilize and manipulate the medical and vocational evidence in the case. However, a little hard-core emotion in your argument can also go a long way in helping you to successfully present a case. This emotion should stem from your sincere belief that your client deserves Social Security disability benefits and that the evidence supports your opinion!

You must care about the outcome of every case you represent!   If you care, you will do justice to the client who is depending on your expertise to get results. In fact, experience has proven that if a potential client sees that you are passionate about your representational duties, he will more readily become your client and will have a positive impression of your work regardless of the outcome of the case.

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