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Archive for the ‘Disability Benefits’ Category

Can You Win Social Security Disability Without Going to a Hearing?

Friday, August 20th, 2010

Winning Social Security Disability Insurance or Supplemental Security Income Benefits at the application level and avoiding a Social Security Disability hearing is not impossible, but it can be difficult. How can you increase your chances of winning benefits at the Social Security Disability application level? The best way is to understand the Social Security Disability process and how the Social Security Administration will make the determination about whether or not you are disabled and unable to work.

The Social Security Administration uses a five-step approach called the Sequential Evaluation Process to determine if claimants are disabled and unable to find a job given their current physical or mental limitations. Under the Sequential Evaluation Process the Social Security Administration will ask:

  • Are you working? Work (as defined by the Social Security Administration) is making more than a certain amount every month. The amount is updated periodically but for 2010 the claimant is allowed to make $1000 per month (blind individuals can make $1,640 per month)
  • Is your medical condition severe? Severe medical conditions are those which will last at least 12 months and do not allow or severely limit a claimant’s ability to perform basic work activities.
  • Is your medical condition on the List of Impairments? The List of Impairments is maintained by the SSA and describes groups of mental and physical health conditions which are so severe that a claimant is unable to work. If the claimant’s condition is not on the List of Impairments the SSA will continue to step 4.
  • Can you do the work you did before? If the claimant’s medical condition is too severe to perform their current job the SSA will continue to step 5. If the condition enables them to continue working Social Security Disability Benefits are denied.
  • Can you do any other type of work? If a claimant’s condition is too severe for the claimant to continue in their current line of work the SSA evaluates whether or not there is any other job they would be qualified to perform in the current economy. The SSA will make this determination by evaluating the claimant’s age, medical health condition, education, past work experiences and any additional skills the claimant possesses. Claimants who can be retrained for other types of employment are denied Social Security Disability benefits. Claimants who can not perform their current job and can not be retrained for any other type of employment are considered disabled and given Social Security Disability Benefits. Whether or not the claimant qualifies for SSDI (Social Security Disability Insurance) will depend on whether or not they have enough work credits. The amount of credits and the amount of Social Security Disability benefits paid will depend on how old you are and when you became disabled. Claimants who do not qualify for Social Security Disability Income may qualify for Supplemental Security Income benefits if they meet the Social Security Administrations income and resource requirements.

Understanding the determination process, understanding the List of Impairments and documenting your mental or physical health conditions clearly and concisely can greatly increase your chances of having your Social Security Disability application approved at the first level and avoiding a hearing. The Social Security Administration is responsible for gathering current and accurate medical records but following-up and sending medical records you already have can also be helpful. Many claimants also increase their chances of getting Social Security Disability benefits by hiring a competent Social Security Disability lawyer who can follow and review the process every step of the way.

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What are the Steps for Applying for Social Security Disability?

Thursday, August 19th, 2010

If you have become disabled and unable to work you may qualify to receive Social Security Disability payments.  The Social Security Administration manages two programs for individuals who are no longer able to work and meet their definition of disabled. Unfortunately, it takes more than a doctor’s note to qualify for disability benefits. The SSA considers an individual disabled if they do not have “the ability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or … has lasted or can be expected to last for a continuous period of not less than 12 months.”  The Social Security Administration does not provide disability benefits for short-term disabilities which will last for less than 12 months.

Applying For Social Security Disability

The Social Administration has made it easier than ever to apply for Social Security Disability benefits. Applicants may apply in person, over the phone or online.

  • Fill out the Social Security Disability Application:

Applying online

For those who have basic computer skills filling out the SSD application online may be the easiest method to use. An applicant can access the Social Security Administration’s website from the convenience of their home with their personal computer and will avoid long lines and unscheduled delays at the Social Security Administration office. Applicants can apply for Social Security Disability Insurance online if they are over the age of 18, have worked and paid Social Security taxes long enough to qualify for Social Security Disability Insurance and they have a mental or physical health condition which does not allow them to work and is expected to last for 12 months or longer. Applicants must also live in the United States or one of its territories.

Applying in Person

Applicants who would prefer to apply in person can call the Social Security Administration Office and request a meeting in person or over the telephone.   The Social Security Administration Office number is 1-800-772-1213.  In-person or telephone interviews may be more difficult and time consuming but applicants may be able to ask questions and have help completing their Social Security Disability application. It is important to maintain a call log of the names of people you have spoken with and the dates and the times of each conversation.

All applicants will need to provide the following documents:

Copies of all work history information for the past 15 years
Copies of your most recent W-2 forms
All medical information including: doctors, hospitals, and clinics names, phone numbers and addresses
The Social Security Number for the person applying for Social Security Disability Insurance
A valid birth certificate
Information regarding medications taken and laboratory tests performed
All information regarding marriages and dependants (names, ages and birthdates)
Any other information about other public benefits that an individual is receiving

  • Claim Is Approved

It generally takes the Social Security Administration several months to evaluate a claimant’s Social Security Disability application and determine if they qualify for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits. The Social Security Administration will notify the claimant in writing if they are awarded Social Security Disability benefits and the disability notice will contain the benefit amount and the date the Social Security Disability benefits will officially begin. Under some conditions, claimants may receive retroactive payments. Talk to a Social Security Disability lawyer for more information.

  • Social Security Disability Review Process

Receiving Social Security Disability benefits is not the final step. Due to advancements in medical technology, it is not uncommon for some claimants to eventually become physically and mentally healthy enough to start working again. The Social Security Disability office will periodically perform a Continuing Disability Review (CDR) to determine if an individual is still disabled. Individuals who have a high probability for improvement may have to submit to a review every 6 to 18 months. Other claimants who have a low chance of improvement may have their Social Security Disability case reviewed approximately every 7 years. Reviews are done by mail, in person or over the telephone.

  • Social Security Disability Claim is denied

Most Social Security Disability claims are denied. If you receive a denial you have several choices 1) file a request for a Social Security Disability appeal (the first appeal in most states is the reconsideration) 2) file another Social Security Disability application 3) do not pursue a Social Security Disability claim.

  • Request for Reconsideration

Claimants who file a request for reconsideration must do so within 60 days from the date of receiving the Social Security Disability denial letter. Claimants who do not meet the appeal deadline will have to reapply and start the process again.

Applicants have about a 20% chance of receiving an approval at the reconsideration level. The approval or denial may take from 30 days up to 8 months depending on the case load for your region.

  • Request for a Social Security Disability Hearing

Applicants who have not already hired a Social Security Disability lawyer generally do so prior to requesting a Social Security Disability hearing. A Social Security Disability Hearing is a chance for you to argue your case before the Administrative Law Judge. This will be your best opportunity to present all relevant medical evidence and prove you are disabled. Hiring a professional who has experience gathering medical records, developing a case and strategically arguing your claim can greatly improve your chances of receiving Social Security Disability benefits. The Social Security Disability attorney can fully review claim and identify any misconceptions or subjective conclusions which were erroneously made when your Social Security Disability case was initially reviewed by the Social Security Administration. The Administrative Law Judge will review the evidence and make a decision for your case.

If your claim is denied at the Administrative Hearing Level a claimant may request an appeal to the Appeals Counsel and another subsequent appeal can be made in Federal Court.  Social Security Disability attorneys can review your denial and determine the next best step for your Social Security Disability claim.

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How to find a Social Security Disability Attorney

Friday, July 30th, 2010

Applying for Social Security Disability Insurance and Supplemental Security Income does not have be a complicated process, especially with the help of a professional Social Security Disability Attorney. The Social Security Disability evaluation process, unfortunately, can require multiple steps if the application is denied including: filing the Social Security Disability application, filing the Social Security reconsideration appeal (if the initial application is denied) and requesting a hearing (if the reconsideration is denied).

Most Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) applications will be denied the first time they are submitted to the Social Security Administration.  By hiring a SSDI lawyer and understanding the process, applicants can drastically increase the chances that they will eventually receive Social Security Disability benefits. Although most SSDI or SSI lawyers will not complete the Social Security Disability application and submitted it to the Social Security Administration for their clients, they do perform a wide variety of very important actions. Social Security Disability attorneys can do the following:

  • If the claimant has been denied the Social Security Disability lawyer can review the initial SSDI or SSI application to ensure it was accurate and complete.
  • Gather and review the claimant’s medical information.
  • Make sure the Claimant’s most recent medical Information has been sent to the Administrative Law Judge prior to the Claimant’s Hearing date.
  • Argue the claimant’s case before the Social Security Administrative Law Judge.

While a Social Security Disability attorney can not guarantee they can get their claimants SSDI or SSI benefits the experience attorneys have gained from the hundreds of Social Security Disability claims they have handled each year can help them determine if a client has a winnable Social Security Disability case. Social Security Disability lawyers understand SSD laws and can evaluate their client’s medical evidence to determine their work limitations.

Most Social Security Disability attorneys take cases on a contingency fee basis which means SSD attorneys do not get paid unless they win their SSD client’s case. This can be great news for SSD claimants, many of whom do not have the extra $150 to $200 per hour which most attorneys charge for legal assistance. Social Security Disability attorneys make every effort to take SSI and SSDI cases they think they can win. Losing a case means the Social Security Disability lawyer may have spent hours or days preparing for a case without making a profit.

How can a claimant help their Social Security Disability lawyer? Claimants must continue to receive medical treatment for their condition and make sure their attorney has all of their medical records. Claimants are responsible for partnering with their Social Security Disability lawyer by answering phone calls and sending all requested information as soon as possible.

Contingency fee contracts can be a great way for claimants who are filing for Social Security Disability benefits to receive competent legal counsel with no up-front costs. Prior to signing any type of contract the claimant should understand exactly what types of services the Social Security Lawyer is providing and how much it will cost. Social Security Disability attorneys who win a Social Security Disability claim may receive up to 25% of the claimant’s past due benefits. This is paid to the Social Security Disability attorney regardless of the amount of work they did for the Social Security Disability claim.

Most Social Security Disability lawyers are hardworking professionals who do their best to get the best results for their clients. Claimants can receive strong legal counsel with little up-front cost, and the Social Security Disability attorney receives a fair payment if they win the claimant’s case. Talk to friends, do adequate research and make sure all fees and expectations are outlined before signing a contract with a Social Security Disability lawyer.

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What is A Disabling Health Condition?

Thursday, July 29th, 2010

The Social Security Administration may consider any health condition to be disabling if it is expected to last at least 12 months or more or may result in the individual’s death. The mental or physical health condition also must be so severe that it prevents an individual from performing “substantial gainful activity” which the Social Security Administration considers as making more than $1,000 per month in 2010 or working a regular 40 hour per week work schedule (or the equivalent work schedule).

While any condition which severely limits a claimant to the extent that they can not perform any job at a level to be considered gainful and substantial can be considered disabling, the Social Security Administration does have standards which are referred to as The Listing of Impairments which they use to evaluate a claimant’s disabling health condition.

The Listing of Impairments specifically describes common medical conditions the Social Security Administration automatically considers disabling. Claimants who “meet the listing” or have a condition which is specifically outlined in the Listing of Impairments (with the same limitations and symptoms) will frequently receive Social Security Disability Insurance or Supplemental Security Income benefits at the initial application level. If an applicant does not meet a listing the Social Security Administration evaluates the severity of the condition, if the physical or medical health condition limits the individual’s ability to work and if the condition leaves any residual functional capacity (RFC) for the claimant to continue working.

Residual functional capacity or RFC is the amount of activity an individual can perform in spite of their physical or mental health conditions. Standard physical residual functional capacity can include the claimant’s ability to stand, walk, sit, lift, bend or stoop. Mental residual functional capacity can include the claimant’s ability to work well with others, follow directions, get along with co-workers, attend work and maintain standards of cleanliness, pace and concentration.

After the Social Security Disability examiner determines the claimant’s RFC or residual functional capacity they can determine if the claimant can work full-time at any job they have had previously (examiners generally evaluate the claimant’s last 15 years of employment), and if not, if they can be retrained to work in a new job. A claimant’s ability to retrain for a new job is based not only on their RFC but also other factors such as their age, work experience and their educational level. The Social Security Administration may determine a claimant has a disabling health condition if they can not perform any past jobs or their residual functional capacity is so limiting they can not be retrained for any new type of work.

Medical records, doctor’s statements, physical and mental assessments and other documentation may be used by the Social Security Administration to evaluate a claimant’s residual functional capacity. Impairments by themselves may not be completely disabling, but the Social Security Administration will evaluate the combined effects of all listed health conditions when considering a claimant’s RFC.

It is not unusual for claimants to ultimately receive Social Security Disability benefits because both the mental and physical conditions, when considered together, leave the claimant with very little residual functional capacity. Unfortunately, given the subjection nature of evaluating Social Security Disability claims which do not meet a listing, many claims are not awarded benefits until the Hearing level when the Administrative Law Judge is able to truly evaluate the claimant in person and offer a more subjective conclusion of their ability to continue to work.

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Understanding The Social Security Disability Appeals Process

Thursday, October 1st, 2009

In my previous post I explained the need for quick action if your application for Social Security Disability Benefits has been denied. When you appeal the decision, your case will move through a process that has three levels. Below I explain what will happen in each of the steps of the appeals process.

Hearing

If you disagree with the Social Security Administration’s initial decision, you may ask for a hearing on the “disability” issues of your claim, such as whether or not you are disabled, when your disability began or whether or not it has ended. An administrative law judge who had no part in the first decision of your case will conduct the hearing.

It is usually conducted within 75 miles of your home. A notification of the time and place of the hearing will be sent to you and your attorney. You will be given an opportunity to explain your case in person and provide new information about your claim. Witnesses in the case will be questioned by the administrative law judge, your attorney and/or you.

The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing, but it is not required. If you don’t wish to attend, you must notify the Social Security Administration in writing that you don’t want to attend. Unless the judge believes your presence is necessary in order for a decision to be made, he or she will make a decision based on all the information in your case, including any new information presented in the appeal.

The administrative law judge will take into consideration the evidence presented at the hearing and notify you by mail of their decision.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the administrative law judge’s hearing decision was correct. If the council decides to review your case, it will either decide your case itself or return it to the judge for further review. You will receive either a copy of the Appeals Council’s decision or order sending it back to an administrative law judge.

Federal Court

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

An experienced disability lawyer can guide you through the appeals process and offer advice on the process that is involved in appealing a decision by the Social Security Administration. A claimant with an attorney or advocate will get a better understanding of the Social Security System and their own claim through the advice of an attorney.

Anyone who has filed a claim for Social Security disability benefits should seriously consider the advantages of having an attorney to represent them in the case.

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Understanding The Social Security Disability Appeals Process

Wednesday, September 30th, 2009
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If you have been denied Social Security disability benefits and are debating on filing an appeal of that decision you may need to act right away. After notice of a denial, a claimant has only 60 days to get a notice of appeal in writing to the Social Security Administration. There are certain exceptions, but for the most part you have just 60 days to appeal the denial of benefits.

If you are considering an appeal, remember that upon examination of the statistics of past cases, we can clearly see that claimants represented by an attorney or disability advocate have had a much higher success rate than people without any representation.

There Are Three Levels Of Appeals

Your appeal may be handled at any of three levels

  1. a hearing before an administrative law judge
  2. a review by the Appeals Council
  3. a review by a federal court

When the Social Security Administration notifies you of a decision on your claim, they will tell you how to appeal the decision and at what level your appeal will be heard.

My next post will focus on an explanation for each of the levels.

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Welcome to the Disability Benefits Blog!

Monday, September 21st, 2009

We created this site to provide information and assistance to those who need help getting the disability benefits they are entitled to. Many people who have become disabled are eligible for Social Security disability benefits, but sometimes it can take up to a year to work through the system in place at the Social Security Administration to get those disability payments.

This site will provide you with valuable information about the Social Security disabilty benefits application and appeals processes. We can also connect you with a qualified advocate or attorney who can help you fight for your benefits.

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