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

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...