Skip to main content

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 way. Instead of "common sense," they use the 20 Code of Federal Regulations. 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 is SSDI so difficult?

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.  Disability benefits are usually decided on your specific function level, not the diagnoses you have.

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.  It makes no difference if the job  doesn't pay enough, is too far from home or is not the kind of work you want.

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.  

 

 

 

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more