Skip to main content

WHY IS SOCIAL SECURITY DISABILITY (SSDI) SO HARD TO GET?

Why are you having such a hard time getting Social Security disability?

There could be many reasons, but let's look a few of the most common ones:

You may be covered.  SSDI benefits do not cover everyone.  Only workers who have worked a qualifying job and earned a sufficient number of "work credits" are insured for SSDI.  Those who never worked, or who haven't worked in recent years, may not have coverage.  So, no coverage, no benefits.

You may not be disabled under the Social Security rules.  Everybody has their own definition of "disability," and Social Security has the strictest rules in the world.  As a baseline, your condition must be so severe that it makes it impossible for you to work AND it must have lasted for at least 12 straight months OR is expected to end in death.

You don't have concrete objective medical evidence.  There must be a mountain of objective medical evidence to demonstrate the severity of your impairment(s).  It isn't enough just to have a medical impairment; you must also prove that it is very severe.

You may be lost in the Paper Jungle or in the Sea of Red Tape. Just properly completing all the forms and questionnaires can be daunting.  Fail to return one form and you may get denied.

You face enormous odds.  Only about one-fourth of all new SSDI claims will be approved at the application level. Three-fourths will be denied.  Fortunately, many of those denials can be overturned and won on appeal--but many claimants give up and don't appeal.

You are at the back of a long line.  Hundreds of thousands of Americans file new disability claims each year.  Social Security attempts to process the claims in the order they were filed.  But the system is horribly log jammed.  This back log creates a long wait for a decision--perhaps up to one year or more to receive the initial determination.  

Is There Help?

Nothing is going to make the Social Security disability process fast or easy.  However, a consultation with a lawyer experienced in SSDI may help you.  You can get a free initial consultation.  If you decide to hire the lawyer, (s)he can't charge you a fee until your case has been successful.  To receive a fee, your lawyer must help you win your case and receive past due benefits.  The fee may only be paid out of past due benefits.

________________________

The Forsythe Firm, Charles W. Forsythe, Disability Specialist:  7027 Old Madison Pike at Bridge Street, Huntsville, AL. (256) 799-0297.

 

 

Labels:

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