Skip to main content

THINGS THAT IMPROVE YOU CHANCE OF GETTING DISABILITY BENEFITS (SSDI)

Nothing guarantees that you will be approved for Social Security disability.  However, there are some things you can do to improve your chances.  I am listing those things here, in their order of importance based on my decades of experience.

1.  Get an experienced Social Security disability lawyer or representative.  A 2017 study by the Government Accountability Office (GAO) found that claimants are 3 times more likely to be approved if they use a professional representative. Nothing else that you can do will improve your odds this much!

2.   Be sure you meet the basic or general requirements before you file.  What is your Date Last Insured or DLI?  Will your disabling medical condition last for at least 12 straight months, or is it expected to end in death?   Have you stopped working at Substantial Gainful Activity (SGA)?  

  • If you are under age 50, are you now medically unable to perform any and all work which exists in the U.S. economy, not just your past job?
  • If you are age 50 or over, are you unable to perform all of your past full-time work (work you have performed during the most recent 15-year period)?

OTHER FACTORS THAT INCREASE YOUR CHANCES IN SSDI CLAIMS......

1.  Being at least 50 years of age; even a better chance if you are 55 or older.

2.  Long, steady employment history, especially if you worked for the same employer for many years.

3.  Current, up to date medical treatment by a specialist.  Chiropractors, counselors, therapists and nurse practitioners are not considered specialists by Social Security.  Treatment more than 12 months ago is NOT current.

4.  Recent objective tests by a medical doctor, such as MRI, CT scans, X-rays, laboratory tests, etc. 

5.  Getting your doctor to provide a detailed and specific Medical Source Statement that explains in detail why you cannot perform full-time work activities.  This must address common work-related activities:  sitting, standing, walking, bending, reaching, handling, fingering, understanding simple instructions, getting along with co-works, supervisors and the general public; how many days you would be expected to be absent from work due to your conditions, etc.  How much would you be off task due to symptoms?

The odds of being approved are low.  Here are approximate national averages at each stage of the Social Security disability process:

INITIAL APPLICATION            23 percent chance of approval

RECONSIDERATION                11 percent chance of approval

HEARING BEFORE ALJ            45 percent chance of approval

APPEALS COUNCIL                  3 percent chance of direct approval

                                                      12 percent chance of remand or     

                                                       a new hearing

__________________

Charles W. Forsythe, THE FORSYTHE FIRM, (256) 799-0297. 

Comments

Post a Comment

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...
Post a Comment
Read more

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...
Post a Comment
Read more

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:  ...
Post a Comment
Read more