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Archive for November, 2011

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How do I start the SSDI application?

Wednesday, November 30th, 2011

Many claimants want to know how to start their SSDI application. First, you must figure out how to navigate the application process and apply for SSDI benefits. The first step is to contact the Social Security Administration and complete an SSDI application. You can do this in three ways:

• Call the Social Security Administration at 1-800-772-1213 and request they send you the SSDI application in the mail.
• Visit the Social Security Administration online at www.socialsecurity.gov and start the SSDI application online.
• Visit a Social Security Administration Regional Office and have the SSA representative help you finish the SSDI application. The nearest SSA Office can be found by visiting the SSA website office locator page. Enter your zip code and the closest office in your area will be listed.

Whether or not you choose to visit in person with a SSA representative or apply for SSDI  online will most likely depend on how much help you need with your SSDI application and if you consider yourself computer savvy enough to navigate the online SSDI registration process. If you feel like you need a little extra help, the best thing to do is call the SSA and schedule a meeting with a SSA representative.

The representative will not complete the SSDI application for you. Millions of claimants apply each year for SSDI and SSI benefits, and SSA workers simply do not have the time to fill out everyone’s SSDI application. They may be able to answer a few questions and make sure you are on the right track.

What documents do I need to complete the SSDI application process?

According to the Social Security Administration’s website (www.ssa.gov), you will need to gather all of the following records and documents to complete the Social Security Disability Insurance program:

• Your work records for the last fifteen years and your last day worked
• Prescription information, including, names, dosage amount and prescribing doctors
• The names, phone numbers and addresses of all of your doctors
• Your Social Security Administration
• A Valid birth certificate
• Marriage and dependent information
• Public benefit information
• General information about your disability
• W-2 tax forms

Do I have to gather my own medical records for my SSDI application?

Many claimants want to know if they have to request their own medical records for their SSDI application. No, the SSA has the responsibility to gather your medical records so they can evaluate your SSDI claim. You will, however, have to provide information about all of your treating sources such as your doctor’s name, address and phone numbers and dates of treatment.

Keep in mind gathering medical records is one of the most time-consuming aspects of evaluating your SSDI claim so if you have copies of your most recent medical records you can expedite your claim by making copies and giving them directly to the SSA for their review.

After you have completed your application for SSDI the SSA estimates that you should receive an answer from them within 90 to 120 days.

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Can I apply for both SSDI and Supplemental Security Income (SSI)?

Tuesday, November 29th, 2011

To answer this question it is important to understand the difference between the two disability programs offered by the Federal Government.

The first program is SSDI or Social Security Disability Insurance which is a wage replacement benefit provided to disabled workers who have a severe mental or physical health condition which is expected to last for at least 12 continuous months and who are no longer able to work or to perform work at a “substantial level.”

To qualify for SSDI, workers must not be working at a substantial level and they must have worked long enough and paid enough in payroll taxes to be considered “insured” by the Social Security Administration (SSA). To be insured a worker must generally have 20-40 work credits, but the amount will vary based on the age of the claimant at the time they become disabled.

Supplemental Security Income (SSI)

Supplemental Security Income is the second cash assistance program provided to the aged (65 years or older), blind or disabled who are not considered “insured” by the Federal Government but need cash assistance to meet their minimum monthly expenses.

Supplemental Security Income is a “needs” based program but it only provides cash assistance to claimants who have VERY limited income and resources. Claimants who are attempting to qualify for SSI due to a disability must also be unable to work for at least 12 continuous months.

Can I apply for both SSDI and SSI?

When a claimant applies for disability benefits the SSA will first determine if they meet the nonmedical criteria of the SSDI program and determine if they have enough work credits. If they do not have enough work credits for SSDI, they will be denied benefits regardless of the severity of their condition. At this point the claimant’s only option is to either return to work or apply for SSI benefits.

In the scenario listed above, the claimant may potentially qualify for SSI, but they will not get SSDI.

So what happens if you qualify for SSDI?

Claimants who meet the medical and nonmedical criteria of Social Security Disability Insurance are paid based on their average earnings and payroll tax contributions to Social Security. The more claimants have paid into Social Security, the more in monthly benefits they are entitled to receive.

The only way a claimant may get both SSDI and SSI benefits is if their SSDI payment is lower than the federal benefit rate (FBR), which is the maximum amount paid to SSI claimants. For instance, the Federal Benefit Rate is $674 per month for an individual and $1,011 per month for a couple in 2011. If the SSDI claimant’s payment is less than this they can contact the SSA to find out if they might also qualify for SSI benefits (assuming they meet the other requirements of the SSI program).

Hiring a Disability Lawyer

Do you have to hire a disability lawyer to apply for benefits? No, many claimants win benefits the first time they apply and they do not need legal assistance. If you have been denied, however, you have 60 days from the date of denial to file an appeal. A disability lawyer can help you with all disability appeals.

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Sarcoidosis and SSA Disability Benefits

Monday, November 28th, 2011

Sarcoidosis (sahr-koi-DO-sis) is a disease that is caused by the development of clumps of inflamed cells called granulomas. Although the clumps of cells can develop in different areas of a claimant’s body, they generally occur in the eyes, skins, lymph nodes and lungs. As the clumps of granulomas accumulate in an organ, they cause the organ function to deteriorate.

Although it is unclear what causes this condition, some experts believe that it is from an abnormal immune system response which can be triggered by bacteria, dust, viruses and chemicals. While this condition may disappear in some individuals, others may experience symptoms of scarcoidosis for a lifetime.

Signs and Symptoms of Scaroidosis

Signs and symptoms can vary but generally include a persistent cough, shortness of breath and skin rashes. Inflammation in the form of red bumps may appear on an individual’s face, legs and arms. Skin rashes can also include color change, lesions, and nodules. Additionally, claimants may suffer from unexplained weight loss, swollen lymph nodes, night sweats, wheezing, chest pain, and extreme fatigue.

Symptoms may develop gradually and persist for years; other may have sudden symptoms which quickly disappear. Some claimants may have the condition and experience no symptoms and only realize they have the condition after a chest X-ray.

In some rare cases, sarcoidosis can cause chronic conditions in the lungs, eyes, kidneys, heart, nervous system and reproductive system. To gather medical information about this condition, claimants can request lab tests, X-rays and CT scans.

Getting disability benefits for Scaroidosis by meeting a listing

The Social Security Administration has created a list of impairments they consider so severe that claimants with these conditions are assumed to be unable to work. This list is called the Listing of Impairments or SSA Bluebook. Claimants, whose condition “meets or exceeds” a condition on this list, will be considered automatically disabled.

Sarcoidosis can affect a variety of different organs and body systems. To meet a listing on the Social Security Administration Blue Book the SSA will generally evaluate the listing for whichever body part has been affected. For example, if sarcoidosis has severely limited your lung function the Social Security Administration will evaluate your condition under Section 3.0 Respiratory System, listing 3.02 Chronic Pulmonary Insufficiency.

The best thing to do is discuss your condition either with a disability lawyer or your health care doctor for more information about your condition and whether or not it meets a listing. What if it does not meet a listing? Can you still win either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)? Yes, but it will be more difficult.

Getting disability benefits for Scaroidosis through a medical vocational allowance

Claimants whose condition is not severe enough to meet a listing will have a more difficult time winning SSDI or SSI benefits. They will have to prove that their condition does not leave them enough residual capacity to perform their current job, previous jobs or retrain for new work.

To prove this the claimant should focus on determining what work functions they can no longer perform.

• How long can you walk? Stand? Sit?
• Can you push and pull? Carry weight?
• Do you need to take frequent breaks from work?
• Do you have to see a doctor several times per week?

With enough limitations to perform work, a claimant may be able to prove that they cannot maintain a normal work schedule and that their condition severely impacts their ability to concentrate, and maintain a normal work pace.

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Lung Cancer and Social Security Disability Benefits

Sunday, November 27th, 2011

Lung cancer is caused by abnormal growth of the cells in the lungs. Often if lung cells begin to grow and divide in an uncontrolled division, the proliferation of the cells may eventually form a tumor. Lung tumors generally start in the walls of the bronchi airways. Up to 20 different types of cancerous tumors have been identified that start in the lung itself.

Lung cancer is one of the leading causes of death in the United States, but research indicates that it is one of the most preventable types, often caused by smoking cigarettes.

Diagnosing Lung Cancer

Many lung cancer patients have no idea they have lung cancer and exhibit no signs or symptoms. The lung cancer may only be identified after a chest x-ray. Other lung cancer patients exhibit a wide range of symptoms which can include:

• Coughing
• Fatigue
• Unexplained weight loss
• Respiratory infections
• Wheezing and shortness of breath
• Coughing up blood
• Pain in the chest

Unfortunately, lung cancer can spread to other parts of the body, especially the bones, liver and brain. If the lung cancer has spread to the liver the individual may have yellow skin and eyes. Bone cancer can cause pain and brain cancer can cause loss of vision or weakness on one side of the body.

Qualifying for Social Security Disability Benefits for Lung Cancer

If you have been diagnosed with lung cancer there are two ways you can win Social Security Disability Benefits: meeting a listing on the SSA Listing of Impairments (Blue Book) or proving through a medical vocational allowance that you do not have enough residual capacity to work.

To meet a listing for lung cancer you must prove, through valid medical evidence, that your chronic pulmonary insufficiency meets the SSA “listing”, which is a list of symptoms for your disease that the SSA assumes are so severe that you cannot perform substantial work.

Lung cancer is evaluated under Section 3.0 Respiratory System, listing 3.02 Chronic Pulmonary Insufficiency and it has three parts:

Part A. Chronic pulmonary disease – the severity is evaluated by spirometric testing

Part B. Chronic restrictive ventilator disease – the severity is evaluated by spirometric testing of restrictive pulmonary disease

Part C. Chronic impairment of gas exchange – the SSA evaluates if you have chronic impairment of gas exchange due to clinically documented pulmonary disease.

The Social Security Administration will first consider whether your condition is so severe that it is expected to last for at least 12 continuous months. SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) are considered permanent disability programs and do not pay benefits for short-term conditions.

Next, the SSA will determine how effectively your lungs can oxygenate blood and remove waste such as carbon dioxide from your body. The SSA acknowledges that if your lungs can not carry out these basic functions then you would not have the capacity to perform even the least rigorous work (sedentary work).

Hiring a Social Security Disability Lawyer

For more information about the specific levels of testing that must be done, you can review the SSA Blue Book under Section 3.0 Respiratory System. If your condition does not meet or exceed a listing this does not mean that you cannot win benefits, but you may need to talk to a disability lawyer about the information you need to prove that you cannot work.

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I have never worked. Will this stop me from getting disability?

Saturday, November 26th, 2011

The Federal Government provides monthly cash assistance through two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance provides disability payments to employees who have a severe health condition which is expected to last for at least 12 continuous months and does not allow the employee to continue to perform work at a “substantial level.”

In addition to the medical criteria established by the Social Security Administration (SSA), employees must have worked and paid payroll taxes to be considered “insured” by the SSA. The number of work credits which must be accumulated by disabled workers to qualify for SSDI has been determined by the Social Security Administration and can vary based on claimant’s age when they become disabled. Most employees will need 20-40 work credits to qualify for Social Security Disability Insurance.

What if you have not worked and you have not accumulated enough work credits for SSDI? Does this make you ineligible for SSDI benefits? Yes, employees who have not worked or paid enough in employment taxes will be denied SSDI benefits, regardless of the severity of their current mental or physical health condition.

I have not worked, what are my disability options?

Supplemental Security Income (SSI)

If you have not worked your only option will be to apply for Supplemental Security Income (SSI). Supplemental Security Income is provided to the blind, disabled or aged (65 years or older who are not “insured” but who need cash assistance to meet their minimum monthly expenses.

This sounds great, but unfortunately many people will not qualify for SSI because it is a “needs based” program and is only provided to claimants who have VERY limited income and resources and who meet additional non-economic considerations.

What do I do if I do not qualify for SSI or SSDI?

Unfortunately, if you do not qualify for SSDI or SSI you have limited options. Some claimants who lack only a few work credits for SSDI may attempt to return to work for a short time to acquire more work credits. Workers can receive one credit for each $1,120 of earnings, up to the maximum of four credits per year (in 2011). So, for example, if you only lack four credits, if you make enough money, you might only have to work another year.

What if you cannot work? Unfortunately, you may have to wait until your resource and income limits are below the allowable limits. To get SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. However, according to the SSA, you may be able to get conditional payments if you agree to sell some of your countable resources. Contact the SSA at 1-800-772-1213 or a disability lawyer for more information if you are considering this option.

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How long does it take to get a disability check after I have been approved?

Friday, November 25th, 2011

The Social Security Disability Insurance program or SSDI is a disability program provided to workers who have a severe mental or physical health condition which is expected to last for at least 12 continuous months. Workers also must be unable to perform work at a “substantial level.”

Supplemental Security Income is provided to the aged (65 years or older), blind or disabled who have not paid sufficient taxes and who are not considered “insured” by the Federal Government but continue to need cash assistance to meet their minimum monthly expenses because they are unable to work for at least 12 continuous months. Supplemental Security Income is is only provided to claimants who have VERY limited income and resources.

Whether you have been approved for SSDI or SSI benefits most likely you have waited months or maybe even years and you desperately need your disability payment.

So how long will it take to get your disability benefit payment after you have been approved?

Unfortunately, no one knows for sure. You can call the Social Security Administration but they can only provide an estimated date for payment. The SSA will also send you an acceptance letter which will detail your payment amount and you estimated date of payment but if you were approved by either the disability examiner or the Social Security Administrative Law Judge the payment will generally be processed at the Social Security Administration payment center.

How can you contact the payment center? Generally, the number for the payment center is not given to the public so there is no way to contact them to ask them specifically about your payment. Under some conditions, if you have hired a Social Security Disability lawyer they may be able to contact the center for you and get a status update for your SSD claim.

Choosing Direct Deposit for your SSD payment

Whether you receive Social Security Disability Insurance or Supplemental Security Income you can choose to receive your disability benefit either by check or by direct deposit. Choosing direct deposit may expedite the payment process and it is faster and more secure. Contact the SSA at 1-800-772-1213 if you would like to request that your SSDI or SSI payment be made through direct deposit.

Hiring a Social Security Disability Lawyer

One of the most common questions asked is, “How can I expedite my disability claim?” The most effective way to expedite your claim is to make sure that you win the first time you apply. Find out how the Social Security Administration makes their disability determination and get the proper medical records to prove that your condition is so severe that you cannot work.

Many claimants decide to hire a disability lawyer at some point in the disability process. Although a lawyer cannot help you “jump to the front of the line” they can make sure your medical records are complete and clearly state why you cannot perform substantial work.

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Kidney Failure and Social Security Disability Benefits

Thursday, November 24th, 2011

Your kidneys are responsible for regulating water, waste and chemicals in your blood including phosphorus, calcium and sodium. They also remove potentially dangerous toxins from your blood and release hormones that help your body.

It is estimated, however, that up to 26 million American adults are at risk for kidney disease. Diabetes, a history of kidney disease and hypertension can all increase your risk.

Chronic Kidney Disease (Renal Disease)

Chronic kidney disease or renal failure can occur when high levels of water or waste build up in the blood. High blood pressure, low blood count, nerve damage and weak bones may result. Although this condition can occur over time, failure to detect and treat chronic kidney disease can lead to kidney failure.

Chronic kidney disease can be caused by polycystic kidney disease, malformations of the kidneys at birth, lupus, obstructions in the kidneys (tumors, enlarged prostate or kidney stones) or repeated urinary infections.

Diagnosing Chronic Kidney Disease

Although chronic kidney disease may be difficult to diagnose, common symptoms can include swollen ankles, muscle cramps, difficulty sleeping, lethargy, poor concentration, dry and itchy skin, and frequent urination.

Winning SSA Disability Benefits for Chronic Kidney Disease

Claimants can win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) first by “meeting a listing” on the Social Security Administration Listing of Impairments (also known as the Blue Book). If this is not possible, claimants may also be able to win benefits through a medical vocational allowance. In this blog we will discuss how to get Social Security Disability Insurance (SSDI) or Supplemental Security Income by meeting a listing.

Meeting a Listing on the SSA Blue Book for Chronic Kidney Disease

The Social Security Administration has several listings in their Listing of Impairments for serious kidney disorders. They will evaluate chronic kidney disease under listing 6.00 Genitourinary Impairments, Section 6.02 Impairment of renal function. The condition must be expected to last for at least 12 continuous months.
Under this listing the Social Security Administration will evaluate whether or not you have the following conditions.

• Mandatory kidney dialysis

Due to the extreme time consuming process of dialysis (removing waste products from the blood), the SSA understands that claimants will not be able to complete a normal work day or work week if their condition is so severe they must undergo dialysis.

• Completed kidney transplant

The SSA will consider you disabled for up to 12 months following surgery and then will evaluate your residual functional capacity to work. You must have had a kidney transplant to qualify; the need for a kidney transplant is not considered automatically disabling under this listing.

• Persistent elevation of serum creatinine

To meet this listing you must have one of the following: renal osteodystrophy, persistent motor or sensory neuropathy, persistent fluid overload, persistent signs of vascular congestion, or persistent anorexia with weight loss. The SSA will assume that if your creatinine levels are too high for at least three months then your kidneys are not able to sufficiently clear waste products from your body.

• Nephrotic syndrome

This condition is caused by kidneys which are not functioning properly, causing necessary proteins to be lost in the urine. Low serum albumin levels, protein in the urine and edema must be present for at least 3 continuous months.

Hiring a disability lawyer

To automatically win benefits you will need to meet the listing outlined above and have detailed medical documentation about your condition. You medical records should include all treatments which are needed and which have been received, symptoms you are experiencing and doctor’s notes.

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Supplemental Security Income (SSI) and Depression

Wednesday, November 23rd, 2011

Supplemental Security Income is awarded to the aged (65 years or older), blind or disabled who have not worked or who have not paid enough employment taxes and are not considered “insured” by the SSA but they need a monthly cash assistance to pay for their monthly expenses because they are unable to work for at least 12 continuous months. Not all claimants will qualify for SSI. It is a “needs” based program and is only provided to claimants who have VERY limited income and resources.

Winning SSI for Depression

Although most people struggle with feelings of sadness or a loss of self-esteem periodically, prolonged periods of depression with feelings such has helplessness, hopelessness, insomnia, fatigue or significant changes in appetite can be signs of clinical depression. Depression, which is the opposite of mania (elevated mood, euphoric, grandiose ideas), can have a severe impact on a claimant’s life and in the most severe cases can lead to attempts of suicide.

Meeting or Exceeding a Listing for Depression

The Social Security Administration has two methods they use to determine if a claimant is disabled and unable to work. First, they will evaluate the claimant’s condition and determine if it “meets or equals a listing” on their SSA Medical Listing of Impairments (also known as the Blue Book).

If the claimant’s condition is not listed or does not meet a listing in the Blue Book, the SSA will determine how much residual capacity the claimant has to perform substantial gainful activity. This is done through the medical vocational allowance process.

The Social Security Administration (SSA) will evaluate depression under the Listing 12.00 for Mental Disorders, specifically 12.04 Affective Disorders. The following information can be found in the SSA Blue Book under Affective Disorders.

12.04 Affective Disorders

According to the SSA, affective disorders are “characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.”

First the SSA will be evaluating whether the claimant has at least four of the following symptoms (symptoms provided from the SSA Blue Book):

• Anhedonia or pervasive loss of interest in almost all activities; or
• Appetite disturbance with change in weight; or
• Sleep disturbance; or
• Psychomotor agitation or retardation; or
• Decreased energy; or
• Feelings of guilt or worthlessness; or
• Difficulty concentrating or thinking; or
• Thoughts of suicide; or
• Hallucinations, delusions, or paranoid thinking; or

2. Manic syndrome characterized by at least three of the following:

• Hyperactivity; or
• Pressure of speech; or
• Flight of ideas; or
• Inflated self-esteem; or
• Decreased need for sleep; or
• Easy distractibility; or
• Involvement in activities that have a high probability of painful consequences which are not recognized; or
• Hallucinations, delusions or paranoid thinking; or

3. Bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently characterized by either or both syndromes);

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration;

OR

C. Medically documented history of a chronic affective disorder of at least 2 years’ duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or
2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or
3. Current history of 1 or more years’ inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

Proving Depression through Medical Records

The Social Security Administration will request copies of the claimant’s medical records. They will also assume that if the mental health disorder is severe, the claimant will be under the care of a psychiatrist or psychologist. Records from the claimant’s treating sources such as psychiatrists, psychologists, counselors, mental health clinics, hospitals, and family doctors will be reviewed. Additionally, the SSA will request information from the family and friends of the claimant.

The SSA is attempting to determine how depression affects their ability to perform substantial gainful activity. Can they carry out directions and maintain a persistent work pace, can they get along with a supervisor or coworkers, and can they maintain a consistent work schedule?

What if the claimant has not been seen by a doctor or they are not following their specified treatment plan? The SSA may deny SSI benefits, assuming that if they were following their medical treatment plan they may improve to such a degree that they could work.

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Reinstating SSI benefits

Tuesday, November 22nd, 2011

SSI (Supplemental Security Income) is provided by the Social Security Administration for claimants who are aged (65 years or older), disabled or blind but who have not been employed or have not paid enough employment taxes to accumulate work credits to qualify for Social Security Disability Insurance (SSDI). Additionally, SSI claimants must also have and have VERY limited income and resources and be unable to work work at a substantial level for at least 12 continuous months.

How can I restart my SSI Benefits?

Some claimants work part-time or their earnings increase and they lose their Supplemental Security income benefits. If this happened to you, you may be wondering if you have to file a new Supplemental Security Income application or if the Social Security Administration will simply begin giving you SSI benefits again.

The Social Security Administration (SS) has created what they term an “expedited reinstatement process” for qualifying claimants. How do you know if you are eligible for an expedited reinstatement of your SSI benefits?

According to the SSA, you may have your SSI benefits reinstated if you:

• Stopped receiving benefits because of earnings from work,
• Are unable to work or perform substantial gainful activity,
• Are disabled because of an impairment(s) that is the same as or related to the impairment(s) that allowed you to get benefits earlier, and
• Make the request within 5 years from the month your benefits ended.

There is more good news. The SSA also will provide provisional payments when you make an expedited request. Provisional payments can generally include not only your cash payments but also your medical coverage, which is Medicaid for SSI claimants. Under most conditions, the claimant is not required to pay the provisional payments back, even if the Social Security Administration eventually denies the reinstatement request.

How long will the provisional payments last? Provisional payments can be paid up to six months, until you reach your full retirement age, you engage in substantial gainful activity or the SSA makes their decision and notifies you of their decision.

If you were receiving social security benefits and they were terminated because you returned to work and began performing substantial gainful activity (working more and making more money than the SSA allows), you have five years (60 months) to reinitiate disability benefits without filing a new disability application. The SSA will require you to provide your current medical information.

The Steps to Reinstate SSI Benefits

1. Contact the Social Security Administration at 1-800-772-1213 between the hours of 7 a.m. and 7 p.m., Monday through Friday but make sure you have your SSI disability paperwork and information about your income (pay stubs, a letter from your employer, or separation notice).

2. Notify the SSA representative that you would like to reinstate your Supplemental Security Income benefits.

3. Take action. Be sure to do whatever the SSA representative tells you to do.

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How can I make sure I am not denied a second time for Social Security Disability benefits?

Monday, November 21st, 2011

It is estimated that up to 70% of applicants are denied at the disability application level for both SSDI and SSI benefits so it is not surprising that many claimants want to know what they can do to make sure they are not denied a second time either at the reconsideration or the application level (if they decide to apply again).

Do you understand why you were denied SSA Disability benefits?

The first step to helping you win benefits with a second application or appeal is to understand why you were denied. Determining the reason will help you know what needs to be done to increase your chances of winning the second time. What are some reasons you may have been denied benefits?

• You are working too much

The Social Security Administration may have denied your request for SSDI benefits because you were performing substantial gainful activity (SGA) or working at a level the Social Security Administration considers “substantial” (making $1640 for blind claimants and $1000 for non-blind claimants per month).

If you are working too much the SSA will not pull your medical records or review your medical condition. You will be denied SSDI benefits regardless of your condition. So unless you make the determination that you are too disabled to work at a substantial level and either stop working or reduce your pay under the allowable limit, you will be denied regardless of how many times you apply.

• You do not have enough work credits to qualify for SSDI

To qualify for SSDI you must have enough work credits to be insured by the Social Security Administration.

If you do not have sufficient work credits to qualify for SSDI you will be denied, regardless of how many times you apply. You can either attempt to return to work and earn more credits or you can see if you qualify for Supplemental Security Income (SSI) benefits.

• Your condition temporary and is not expected to last for at least 12 continuous months

The SSA does not provide short-term or temporary disability benefits. If your condition is not expected to last for 12 continuous months, you will be denied SSDI benefits.

If you were denied for this reason but you believe that the SSA is wrong, you will need to gather more medical evidence to prove that your condition is so severe that it will last for at least 12 months. Talk to your doctor or disability lawyer and discuss what additional information could be gathered to prove your condition will last for at least 12 continuous months.

• The SSA has decided you are you disabled

You must have a severe mental or physical health condition which is so serious that it does not allow you to perform substantial work for at least 12 continuous months or is expected to result in your death.

If the SSA has determined you are not disabled or that you could retrain for new work but you disagree, you can improve your chances of winning benefits a second time by providing strong supporting information and medical evidence to prove your claim. This should include detailed records, a doctor’s letter and RFC forms (residual capacity form) completed by your own doctor.

Make sure your medical records clearly state your functional capacities to work. For example, do you have difficulties standing, sitting or walking? Can you lift, pull or carry weight? Do you have difficulty getting along with others? Do you have to take multiple breaks that make it impossible to complete a 40 hour work week?

Providing this type of detailed information can help eliminate the subjective nature of the disability determination process and eliminate a wide variety of jobs that the SSA may claim that you can work.

The most important thing to do to improve your chances of winning SSDI or SSI benefits the second time you apply is to understand the process. Understand why you were denied and what information you need to provide to the SSA to help them make their disability decision.

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