Skip to main content

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.

   



 

 

 

 

Comments

Post a Comment

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

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

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more