Skip to main content

PROBLEMS YOU MAY ENCOUNTER WITH SOCIAL SECURITY DISABILITY

Getting approved for Social Security Disability Insurance (SSDI) benefits is not as simple as filling out an application and waiting.  It is a very long and involved process that many claimants compare to working a full-time job.

HERE ARE SOME PROBLEMS YOU MAY ENCOUNTER WITH SSDI

 

1.        Slowness.  Takes an average of 225 days to get an initial decision.  If you add the usual appeals process, a favorable decision can take 18 to 24 months or longer.
 2.       High Denial Rate.  About 75 percent of disability applications are denied initially (in the first stage).
 3.       Difficulty Getting Medical  Records.  Doctors may not respond to a request for records. Or their records may not be adequate.
 4.       Stringent Burden of Proof.  The claimant must prove disability according to Social Security’s strict rules and regulations. 
5.       Long Appeals Process.  Two appeals are usually necessary for a real chance of approval. (Reconsideration, then a Hearing).
 6.       Complicated Rules and Regulations.  SSDI is governed largely in the 20 Code of Federal Regulations, with thousands of rules and terms that are difficult for the lay person to understand.
 7.       Hearings.  Most claims go before an Administrative Law Judge (ALJ) before being paid. Claimants usually get a lawyer to help at the hearing (though not required, it is advisable).
 8.       Slow Payment.  The initial payment, including the back pay, can take weeks or months—even after the claim has been approved.

The Forsythe Firm in Huntsville, AL has a long reputation of helping claimants through the complicated, confusing world of Social Security disability.   There is never a fee for our representation until you win your claim and receive back pay.  Consultations are FREE with absolutely no obligations.  You can have a relaxed conversation about your disability with no pressure and no expectations. We answer your questions with just a phone call.  Call (256) 799-0297.

Comments

Post a Comment

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...
Post a Comment
Read more

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

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...
Post a Comment
Read more