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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. 

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