Skip to main content

HOW TO GET SOCIAL SECURITY DISABILITY

Of all the questions we are asked and try to answer, the most basic is:  How do I get Social Security Disability?"

If I had to answer that question in one word, that word would be persistence.

You get benefits by the willingness to accept denial a time or two without quitting the fight.  Almost 80 percent of all SSDI claims will be denied before before finally being approved.  In short, Social Security has an aggressive weeding out process that frankly is meant to deny most applications early in the process.  You must expect this, but you do not accept it.  You file appeals.

Social Security appeals are delicate legal maneuvers best understood by experts.  When you get to the appeal level, you are in a legal battle that's based on federal law, regulations and court precedents.  Appeals are highly technical procedures where retelling your disability story won't be enough.  You must prove that you were wrongly denied--using hard evidence and Social Security's own regulations.  Of course, you must know and understand the regulations.   

You must also know how to conduct a professional, effective hearing before a federal judge.  Yes, federal judges are the rule, not the exception in Social Security disability claims.

Billions of dollars in disability benefits are lost each year by claimants who get denied once, or even twice, and give up--thinking the fight is over.  Some make the mistake of filing a new claim (which amounts to starting over and getting denied again) in most situations.  It's nearly always better to file the appropriate appeal and kick your case higher up the decision-making ladder until it reaches the top.  Persistence.  Sticking with the process despite all its delays, frustrations and rejections.  Victory is often there but you just have to "keep on keeping on."  The system was never intended to be fast or easy.  It is meant to be slow and difficult.

 Fighting this long, lonely battle by yourself will be extremely frustrating and difficult, tempting you to quit or give up.  Even if you eventually win by yourself, it will be one of the most tiring, nerve wrecking processes of your lifetime!  That's one advantage of getting a professional to stand by your side and take some of the load off your shoulders.  But not matter how you choose to stay in the fight, the key is not to give up.  As Churchill said, "Never, never, ever QUIT!"

"Billions of dollars in disability benefits are lost by claimants who get denied once, or even twice--and give up--thinking the battle is over."

______________________________

Charles W. Forsythe is an author on Social Security topics.  He is founder of The Forsythe Firm in Huntsville, AL which is solely dedicated to the practice of Social Security disability.  He still offers free consultations on Social Security.  (256) 799-0297. 

 

Comments

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...