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HOW TO IMPROVE YOUR CHANCE OF GETTING SOCIAL SECURITY DISABILITY

Applying for Social Security disability is complex and overwhelming.  The Social Security Administration is the largest agency in the federal government and its rules and regulations are so complex that some lawyers don't even understand them.

About 8 out of 10 applications for disability are denied.  The 20 to 30 percent that are approved are those of individuals who have catastrophic medical or mental conditions that are obviously disabling.  

What Can You Do To Improve Your Chance of Being Approved?

1.  Understand the Eligibility Criteria

It's not for everyone.  SSDI benefits are for those who have worked long enough and recently enough and contributed FICA tax through payroll contributions or other means.  In addition, you will need a severe disability that has or will prevent you from working for at least 12 straight months OR end in death.  Most impairments will qualify.

2.  Provide Objective Medical Evidence

This path runs through your doctor's office.  You must provide strong medical evidence of your medical condition(s), including severity, treatment and how your impairments restrict your activities of daily living.

3.   Be Careful With Your Application

Most Social Security applications are not completed accurately orthoroughly. Two of the most frequent oversights:  failure to list all medical providers and failure to describe past work in great detail (a fitful chore but absolutely necessary).

4.  Be Ready to File and Appeal

There is always a high chance of denial.  Today most claims are won by appeals, especially by going to a hearing after your second denial.  Really, expect to be denied and plan to get approved on appeal (at your hearing).  Those who are not willing to stick to it through the appeals process have little chance of approval.

5.  Get Professional Assistance (Find a Lawyer)

 There's a slight chance you can fight your way through the long process on your own and win.  But slight indeed.  In most cases, if you do that, the judge will advise you on hearing day to find a lawyer and come back in 3 months or so.  Judges understand the importance of competent legal representation.  A study by the Government Accountability Office (GAO) in 2017 found that only 31 percent of claimants won their cases without a lawyer - but 60 percent who had a lawyer won their claims/appeals.

I might note here that Social Security protects you in a couple of ways regarding your legal representation:

1.  Your lawyer may not charge you any fee unless you are approved first, then paid past due benefits.  

2.  The Social Security must approve in advance any fee that your lawyer/representative proposes to charge. There are limits set on the amount of fee that you can be charged if you win.

   



 

 

 

 

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