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WHY SOCIAL SECURITY DISABILITY IS SO HARD TO GET

You might think that you can fill out a few forms and Social Security will find you to be disabled and start your check.  After all, you've paid into Social Security through the FICA payroll deduction for years.  You feel that the benefits are "yours." 

However, the Social Security Administration does not think that they. They make it far more complicated, time consuming and just plain difficult. That's why it's not uncommon for a disability claim to take 12 to 24 months, or longer, to be decided.  Why?

1.  SSDI is very specific and covers a very limited group of claimants. The terms for receiving disability are very narrow and must be proven down to the letter.  This requires complete and thorough medical evidence from your doctors, counselors, hospitals or other providers.

2.  Just the forms are a nightmare.     There are over 450 questions on the  application form.  Answer one wrong, or leave one blank, and you can be denied or your claim held up indefinitely. After you file the application, the Disability Determination Service or DDS will send you more lengthy forms to complete:  Function Report (14 pages), Work History Report (very detailed), and possible other forms such as a pain questionnaire, seizure questionnaire, etc.

3.  There is little room for error.  Miss a deadline, fail to return a form, miss an appointment--and your claim may be rejected or dismissed.

4.  Not enough medical evidence to prove that you cannot work.  You must prove a severe lack of function that severely restricts you from working:  inability to sit, stand, walk, lift, bend, squat, use your hands, concentrate, focus, etc.  

5. If you are under age 50, you must prove that you cannot perform ANY job that exists in the USA--even sedentary (sit-down) unskilled or minimum wage jobs.

6.  You don't know what level of proof or evidence is required.  Most people use the common sense approach.  I have this ailment and that ailment, so it makes sense that I can no longer work.  Social Security thinks nothing of this approach. Instead they go by the 20 Code of Federal Regulations, other Social Security rules and administrative law. If you are not intimately familiar with these rules, regulations or laws you won't have much of a chance.

7.  Most claims are not won with an application.  Most applications are routinely denied and require one or two appeals before they can be paid.  Again, claimants are usually not familiar enough with the federal administrative appeal process to be successful.  Hiring a lawyer will cost you some money at the end (only if you get benefits) but not having representation can cost you a lot more.  

 

 

 

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