Find the Help you need to get your Social Security Disability Benefits!

24/7 Toll Free Help Line
1-800-527-6015

Posts Tagged ‘Law’

« Older Entries

Can I work and get Social Security Disability benefits?

Wednesday, February 9th, 2011

Claimants may qualify for Supplemental Security Income or Social Security Disability Insurance working part-time and receiving a limited income, but Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) will be denied by the Social Security Administration if the SSA determines the Social Security Disability applicant is performing “substantial gainful activity”.

Substantial Gainful Activity

The Social Security Administration defines “substantial gainful activity” as doing any type of mental or physical activity which is “substantial”. Work is considered substantial if the non-blind applicant makes a gross income of $1,000 per month (for 2010), and the blind applicant makes a gross income of $1,640 per month (for 2010).

Activity or work does not have to be performed full-time to be substantial. When claimants consider “work” or “gainful activity” they might think of a full-time job that they do 40 hours per week, but activity can be gainful under the Social Security Administration’s definition if it meets any of the following Social Security Administration’s criteria:

·         Any work performed or done for pay or profit.

·         Work which normally receives pay or profit

·         Work which is intended for profit even if profit is not realized

After a claimant applies for Social Security Disability their application is sent to the disability examiner who will review their application to determine if their mental or physical health condition is severe enough to receive disability benefits. Claimants working above the pre-defined SGA level will have their Social Security Disability application denied by the Social Security Administration before it is sent to the disability examiner, and the disability examiner will not have a chance to evaluate the severity of the mental or physical health condition.

Claimants often are not healthy enough to work full-time and often seek Social Security Disability benefits for short-term or partial disability payments. Unfortunately, Social Security Disability benefits are only for claimants who have a mental or physical health condition which is expected to last for at least 12 months or result in death. Claimants who need Social Security Disability benefits should not expect to work at a level which can support themselves or their family.

The idea of substantial gainful activity is not only factored into the decision at the Social Security Disability application level and Social Security disability appeal’s process but also for every review for continuing an applicant’s Social Security Disability benefits.  Any claimant who currently receives Social Security Disability benefits and is considering returning to work in any part-time capacity should contact the Social Security Administration. Regulations and income rules can change. Returning to work and making more than the allowable income amount can jeopardize the claimant’s rights to continue receiving Social Security Disability benefits. Talk to a Social Security Disability lawyer for more information about your rights to work.

Tags: , , , , , , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

How to Claim Disability Benefits

Thursday, January 6th, 2011

Claiming Social Security Disability benefits from the Social Security Administration is a multi-step process. Patience and tenacity is name of the game. Social Security Disability Insurance or SSDI is available to workers who have been determined disabled by the Social Security Administration and have worked and contributed employment taxes to the Social Security Trust Fund. Disabled claimants who have not paid employment taxes and who have limited income and resources may qualify for Supplemental Security Income or SSI benefits.

How do you claim your disability benefits?

  1. Determine if you are disabled. Do you have a disabling mental or physical impairment which is so severe that you are unable to work for at least 12 months or is the condition expected to eventually cause your death? The Social Security Administration (SSA) will determine if they think you are disabled based on criteria they have established. In general, the SSA must determine you are unable to work your current job and do not have enough residual functional work capacity to be retrained for any other type of employment. Claimants may qualify if they have one severe condition or several conditions which together make it impossible to continue to work. Claimants applying for Social Security Disability Insurance must have earned enough work credits to qualify. The amount of credit needed will vary by age. Claimants do not have to wait 12 months to apply for SSI or SSDI benefits.
  2. Apply for Social Security Disability benefits. This can be done online by visiting the Social Security Administration website at http://www.ssa.gov/disability or visiting the nearest Social Security Administration office. Claimants may also call the Social Security Administration at 1-800-772-1213 to schedule an in-person or telephone interview. Applicants must bring the following to their Social Security Disability appointments:
    • 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
    • Social Security Number
    • Birth certificate
    • Dependent information
  3. Complete the Social Security Disability application and all necessary forms. Forms must be completed which give the Social Security Administration permission to gather medical records from all the medical facilities and doctors you have visited which have relevant information about your impairments. You must provide the names and addresses of all the medical providers and the dates you received service.
  4. Outline the reasons you are unable to work. You must give information for jobs you have worked in the past 15 years. Information provided will include: the job description, hours worked and the physical and mental requirements for each job.
  5. The Social Security Administration gathers medical documentation from your medical providers. Claimants often wonder why it takes so long for the Social Security Administration to make a decision about a claimant’s disability. Reasons vary, but the main one is the length of time it takes for hospitals and doctors to send medical records to the SSA.  The Social Security Disability examiner can not make a disability determination until they have receive all of your medical records.

Tags: , , , , , , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

Proving a Social Security Disability Case

Wednesday, November 10th, 2010

Claimants are often surprised that they may not be entitled to their Social Security Disability benefits even if they have contributed thousands of dollars in employment taxes over the course of their career. To receive Social Security Disability benefits it is up to you, the claimant, to prove your disabling mental or physical health condition is so severe that you are unable to work and your condition must is expected to last at least 12 months.

How can you prove you are truly disabled and unable to work? It is not easy. You must have a medically recognized condition which is supported by medical records from a valid medical source. Although alternative medicine may have grown in popularity and acceptance, the Social Security Administration does not give much credibility to diagnosis from holistic medical doctors.

Your medical records must also prove that your condition is permanent or at least expected to last 12 months and is so severe that you do not have the ability to perform substantial gainful activity. The Social Security Administration will review your mental or physical health condition to determine how it affects your daily life. If you have a mental disorder the SSA will review your social functioning, concentration, persistence and daily activities. If you are unable to live independently, maintain personal hygiene, or have a record of violence or hostility at work with frequent hospitalizations, this could be evidence of a severe mental health condition.

The most important way to prove your mental or physical health condition is to seek consistent medical care and get supporting documentation. Documentation can include: evidence of examination, XRAYS, MRIs, hospitalizations and other tests which outline your condition. Doctor’s statements of disability which document your residual functional capacity and your limitations to perform work can also be valuable evidence of disability.

Social Security Disability benefits may be denied, regardless of the severity of the condition, if the condition is not expected to last at least 12 months. Social Security Disability Insurance will also be denied if you have not worked long enough and contributed enough in taxes to qualify for Social Security Disability Insurance. Contact the Social Security Administration for more information if you are unsure of whether or not you qualify for benefits.

Social Security Disability lawyers have experience proving claimants are disabled. If you are unsure of whether or not you qualify for Social Security Disability benefits, contact a Social Security Disability lawyer for help. The Social Security Administration maintains a list of medical impairments which will automatically qualify claimants for benefits. You may, however, be able to receive Social Security Disability benefits if the Social Security Administration determines you have very little residual functional capacity to work due to your age, work experience or educational level.

Is it difficult to prove you are disabled and win a Social Security Disability claim? It can be, but good medical documentation and a professional Social Security Disability attorney can help.

Tags: , , , , , , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

The Social Security Disability Five Step Sequential Evaluation Process

Wednesday, October 13th, 2010

Qualifying for Social Security Disability benefits can be a complicated process. Claimants applying for Social Security Disability Insurance (SSDI) must have enough work credits to qualify. Claimants applying for Supplemental Security Income must meet income and resource requirements. Claimants must be determined disabled and have a severe mental or physical health condition which is expected to last at least 12 months or result in the claimant’s death to qualify for both programs.

State disability determination offices will review the claimant’s Social Security Disability application and gather medical evidence from the claimant’s doctors, hospitals, clinics and any other medical facility which have treated the claimant. The disability determination center will find answers to the following questions:

  • What is the claimant’s medical condition?
  • When did the claimant’s medical condition begin (onset date)?
  • What are the mental or physical limitations caused by their mental or physical health c condition?
  • What types of treatment has the claimant received?
  • What medical tests has the claimant received?

The Social Security Disability Five Step Sequential Evaluation Process

After the Social Security Administration has gathered all of the claimant’s medical records it is time for them to make their decision. To do this the Social Security Administration uses a five-step decision making process called the Sequential Evaluation Process.

1.     Is the claimant engaged in substantial gainful activity (SGA)?

The Social Security Administration will evaluate the earning capacity of the claimant and determine if they are able to work despite their impairment. Work or “substantial gainful activity” is currently defined as making a gross income of more than $1,000 per month for 2010 (the amount varies for claimants with Social Security Disability blindness). This amount is updated periodically by the Social Security Administration.

The type or severity of the claimant’s condition is not considered if they are making too much money, in fact, in most cases if the Social Security Disability Field Office has properly evaluated the claimant’s SSD application the claimant’s application will be denied before it is forwarded to the disability determination office. If the claimant is not working at SGA level, the DDS office will proceed to step number 2.

2.     Is the claimant’s condition “severe”?

Conditions must be considered severe and be expected to last at least 12 months or result in death. Social Security Disability benefits are not awarded for partial disabilities or short-term disabilities. Severe conditions are those which significantly limit the claimant’s ability to perform basic work activities such as: walking, standing, lifting, stooping, performing simple routines, speaking, etc.

3.     Does the claimant have a mental or physical health condition which meets or equals a listing?

The Social Security Administration publishes a listing which identifies impairments by body system. Each listing describes conditions and symptoms which must be present for the DDS to consider the impairment severe. Claimants may review their condition in the List of Impairments to determine if they qualify for disability benefits. If the claimant’s condition does not meet a listing they may still qualify for benefits but they must pass the next 2 steps in the SSA sequential analysis.

4.     Can the claimant do the work they have done in the previous 15 years?

What happens if the claimant’s condition is severe but it does not meet a listing? The DDS examiner must determine if the claimant’s condition is severe enough to affect their ability to work. This is done by examining the claimant’s Residual Functional Capacity. Work history information is documented on the claimant’s work history form. DDS examiners will evaluate the work history form and analyze the activities the claimant was required to perform for jobs in the past 15 years. For example, the examiner might analyze a job and determine how much the claimant had to sit, stand, bend, twist or crawl. The examiner will compare the job requirements to the residual functional capacity of the claimant and decide if the claimant can do the work they have done given their current level of physical or mental functioning. Claimants who are unable to perform their past jobs will move on to step five.

5.     Does the claimant’s condition prevent them from performing any other type of work?

If the Social Security Administration determines the claimant can not do past relevant work due to their mental or physical impairments they will consider their claimant’s ability to be retrained for a new job. The DDS examiner will consider the residual functional capacity outlined in step four and additional vocational factors including the claimant’s age, education and work experience. Given all of these factors, the DDS examiner decides if the claimant can adjust to another type of job. Claimant’s who can not work any other type of job will be considered disabled.

Understanding the Social Security Administration’s List of Impairments, how to complete your work history forms and having your doctor document your residual functional capacity are important steps in the disability determination process. What can you do to help? Make sure to get consistent medical care for your mental or physical impairment. Develop a strong doctor/patient relationship with your primary care physician. Talk to a Social Security Disability lawyer who can answer your questions and make sure you get the Social Security Disability help you need.

Tags: , , , , , , ,
Posted in Social Security Disability | No Comments »

Can I work and get Social Security Disability benefits?

Tuesday, October 12th, 2010

Claimants may qualify for Supplemental Security Income or Social Security Disability Insurance working part-time and receiving a limited income, but Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) will be denied by the Social Security Administration if the SSA determines the Social Security Disability applicant is performing “substantial gainful activity”.

Substantial Gainful Activity

The Social Security Administration defines “substantial gainful activity” as doing any type of mental or physical activity which is “substantial”. Work is considered substantial if the non-blind applicant makes a gross income of $1,000 per month (for 2010), and the blind applicant makes a gross income of $1,640 per month (for 2010).

Activity or work does not have to be performed full-time to be substantial. When claimants consider “work” or “gainful activity” they might think of a full-time job that they do 40 hours per week, but activity can be gainful under the Social Security Administration’s definition if it meets any of the following Social Security Administration’s criteria:

·         Any work performed or done for pay or profit.

·         Work which normally receives pay or profit

·         Work which is intended for profit even if profit is not realized

After a claimant applies for Social Security Disability their application is sent to the disability examiner who will review their application to determine if their mental or physical health condition is severe enough to receive disability benefits. Claimants working above the pre-defined SGA level will have their Social Security Disability application denied by the Social Security Administration before it is sent to the disability examiner, and the disability examiner will not have a chance to evaluate the severity of the mental or physical health condition.

Claimants often are not healthy enough to work full-time and often seek Social Security Disability benefits for short-term or partial disability payments. Unfortunately, Social Security Disability benefits are only for claimants who have a mental or physical health condition which is expected to last for at least 12 months or result in death. Claimants who need Social Security Disability benefits should not expect to work at a level which can support themselves or their family.

The idea of substantial gainful activity is not only factored into the decision at the Social Security Disability application level and Social Security disability appeal’s process but also for every review for continuing an applicant’s Social Security Disability benefits.  Any claimant who currently receives Social Security Disability benefits and is considering returning to work in any part-time capacity should contact the Social Security Administration. Regulations and income rules can change. Returning to work and making more than the allowable income amount can jeopardize the claimant’s rights to continue receiving Social Security Disability benefits. Talk to a Social Security Disability lawyer for more information about your rights to work.

Tags: , , , , , , ,
Posted in Social Security Disability | No Comments »

Will Social Security Administration Award Me Disability if I Have Not Been to The Doctor?

Monday, October 11th, 2010

The Social Security Administration will not grant Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income SSI) without objective medical evidence which substantiates a claimant is mentally or physically disabled and unable to work. In fact, the Social Security Administration would like to have at least 12 months of medical records and specifically, medical information for the last three months.

Does this mean claimants who do not have recent medical records should not apply for SSDI or SSI disability benefits? No, if a claimant is unable to work due to a mental or physical health condition, their condition is expected to last at least 12 months (or result in death) and they can not work, a claimant should apply for Social Security Disability benefits as soon as possible. The Social Security Administration will be required to send the claimant to consultative examinations to get physical or mental medical information to make their disability determination.

The purpose of the consultative examination is not to provide medical treatment but rather to gather enough information for the Social Security Administration to determine if the claimant is able to work or perform “substantial gainful activity”. Unfortunately, a one time visit to a doctor who may not specialize in treating the claimant’s disabling health condition will not be able to provide the same level of detail about the claimant’s physical and mental limitations as a doctor who has spent years treating their condition. It is important to note, the consultative examination is supposed to be objective and performed by a doctor who does not work for the Social Security Administration.

Is it possible to receive Social Security Disability benefits from information gathered solely from a consultative examination? Yes, it is possible, if the doctor who examines the claimant states in their examination report that they are disabled, but historically, few Social Security Disability claimants win Social Security Disability benefits based solely on the consultative examinations.

Gathering data at a Consultative Examination

Consultative examinations may begin before the claimant realizes they have started. The medical examiner may take notes of what they see and hear before the claimant thinks the “examination” has begun. How does the claimant get into the building? How do they behave in the waiting room? The medical examiner may note any discrepancies in a claimant’s behavior. Claimants should never lie or exaggerate their mental or physical health conditions, but it is also important not to minimize symptoms. Unfortunately, for many cases the consultative examination does not positively affect the decision for a Social Security Disability claim.

How do most claimants win Social Security Disability Benefits? The best way to be awarded Social Security Disability benefits is to seek medical care from an objective medical provider prior to applying for Social Security Disability benefits. Some of the best medical documentation a claimant can have is a Residual Functional Capacity Form (RFC) completed by a treating physician who has a history of providing medical care for the claimant. The Residual Functional Capacity Form (RFC) will detail the mental and physical limitations of the claimant and can be evidence to establish the claimant is unable to work.

Claimants who are unable to pay for ongoing medical care should at the very least try to visit a clinic, hospital, doctor or free mental health clinic to document their mental or physical conditions prior to applying for Social Security Disability benefits. The bottom line is…few cases are won from the medical information provided exclusively from a consultative examination.

Tags: , , , , , , ,
Posted in Social Security Disability | No Comments »

Is winning disability quickly from Social Security really possible?

Thursday, October 7th, 2010

Is winning Social Security Disability benefits quickly from the Social Security Administration really possible? Yes, for some people the process can take as little as thirty-days. Claimants who have a condition which will likely result in death or meets one of the Social Security Impairment Listings have the highest chance of having their Social Security Disability benefits approved at the application level.

The Social Security Administration has created the Impairment Listings to identify 14 areas of disability. Claimants, who have a disability that equals a listing or is found to be as severe as a listing, may receive Supplemental Security Income or Social Security Disability Insurance immediately based on that medical conclusion alone. Claimants who do not have a condition which meets or equals a listing will have their Social Security Disability case reviewed more extensively by the disability examiner.

Unfortunately, most Social Security Disability cases do not meet or equal a listing and the examiner must consider other factors such as whether or not the claimant can perform their old job or any other job given their age,  education, work experience and residual functional capacity (RFC). Medical vocational guidelines have been created by the Social Security Administration and the medical examiner can use these guidelines to help make their decision.

So why does it takes so long to win Social Security Disability benefits? Claimants whose condition is not listed in the SSA Impairment Listing and do not meet the medical vocational guidelines will have their claim denied. Claimants who wish to pursue Social Security Disability benefits must appeal the denial within 60 days from the date of the denial letter. The first step in Social Security Disability appeal’s denial process is the reconsideration phase.

Reconsiderations are approved 20% of the time and may take 30 to 60 days to process. Unfortunately, the 80% of claimants who are denied Social Security Disability benefits at the reconsideration level will have to appeal their denial and request a Social Security Disability hearing. The time frame to get a hearing date will vary depending on where a claimant lives. In some parts of the country it may take a few months while in other locations it could take one to two years to get a hearing date with an Administrative Law Judge.

You have waited for the initial decision, fought through the reconsideration and presented a solid case before the Administrative Law Judge at your Social Security Disability Hearing. The wait is over right? Unfortunately, it may take several more months for the Administrative Law Judge to submit their decision for the claimant’s case.

The good news for most claimants who pursue their claim and appear before the Administrative Law Judge is they have a good chance of receiving Social Security Disability benefits, especially if they are represented by competent legal counsel. Unlike the medical examiner who relies on the medical records, the List of Impairments and a vocational grid to make their decision of disability, the Administrative Law Judge can make a subjective decision after meeting with the claimant, asking the claimant questions about their limitations and conditions and studying their medical records.

Is it possible to win Social Security Disability benefits quickly? For the majority of claimants the answer is no. But with a little persistence, a great Social Security Disability lawyer and strong medical evidence most claimants do eventually get the Social Security Disability benefits they deserve.

Tags: , , , , , , ,
Posted in Social Security Disability | No Comments »

What Happens After You Are Turned Down By Social Security?

Wednesday, October 6th, 2010

If you have been denied either Social Security Disability Insurance or Supplemental Security Income you must decide if you would like to appeal the Social Security Disability denial decision. The first step in the Social Security Disability appeal’s process, in most states, is the reconsideration. Claimants have sixty-days from the date of the Social Security Disability denial letter to file their Social Security Disability reconsideration paperwork. Claimants may file their reconsiderations online or pick up the paperwork at the nearest Social Security Disability office.

The Social Security Disability reconsideration is another review of your medical records and work activities from a disability examiner who was not involved in the initial denial. The disability examiner will use the same criteria and disability rules to evaluate the claimant’s Social Security Disability claim. Consequently, up to 80% of Social Security Disability reconsiderations are denied a second time. If a claimant is denied a second time at the Social Security Disability reconsideration level it is important to discuss your Social Security Disability case with a Social Security Disability lawyer. Social Security Disability lawyers can help claimants evaluate their Social Security Disability claim and file a request for a Social Security Disability hearing in front of an Administrative Law Judge.

Social Security Disability hearings must be requested within 60 days from the date of the reconsideration denial letter. Claimants who do not file their request for their Social Security Disability hearing prior to the deadline will have to file a new Social Security Disability application and start the process again. Request for Social Security Disability hearings are sent from the Social Security Administration Office to the Social Security Hearing Office. The Social Security Hearing Office will schedule the claimant’s Social Security Disability hearing before the Administrative Law Judge.

Scheduling a claimant’s Social Security Disability hearing can take months or even years. The time it takes to schedule the hearing can vary based on the case load at the court where the hearing is scheduled. Administrative Law Judge’s decisions, however, are not necessarily scrutinized as closely as other disability examiners, and they are able to meet the claimant in person, ask questions about the claimant’s disabilities and thoroughly review the claimant’s disability case prior to making their decision. As a result, claimants who make it to the Social Security Disability Hearing level will have a greater chance of receiving Social Security Disability benefits than they did at the Social Security Disability reconsideration level.

What can a claimant do to increase their chances of winning Social Security Disability benefits? Claimants who have waited years for Social Security Disability benefits should discuss their case with a Social Security Disability attorney. Statistically, a claimant’s chances of receiving Social Security Disability benefits at the hearing level increases if they have legal representation. Social Security Disability lawyers understand the legal procedures of the hearing, can gather current medical information about the client’s mental and physical health conditions, answer the claimant’s questions and prep the claimant for their appearance in court. A Social Security Disability lawyer will develop a claimant’s case and present evidence in an unemotional and objective manner to prove the claimant is unable to work, something which may be difficult for a claimant to do.

The Social Security Disability hearing will be scheduled within a few miles from the claimant’s residence. Notice for the Hearing will be sent at least 20 days before the Social Security Disability hearing date. Claimants who wish to hire a Social Security Disability lawyer should contact a lawyer prior to requesting the hearing. Waiting until you receive the hearing notice will not give a Social Security Disability lawyer enough time to gather relevant medical records and prepare the Social Security Disability case.  The claimant’s legal representative will be given the claimants Social Security file and any medical information which has recently been collected.

Decisions for the Social Security Disability hearings are sent to the claimant. If the claimant is awarded Social Security Disability benefits the letter will detail the date the payments will begin and the amount the claimant is eligible to receive.

If Social Security Disability benefits are denied at the hearing level the claimant may appeal their denial decision with the Social Security Appeals’ Council. The Appeals’ Council may review the claim and make a decision about whether they are willing to hearing the claimant’s claim or whether they will send it instead to another Administrative Law Judge for a second review. The Appeals’ Council is the last step in the Social Security Disability appeal’s process. Unfavorable opinions at the Appeals’ Council level may be challenged in United States Federal Court.

Tags: , , , , , , ,
Posted in Social Security Disability | No Comments »

Social Security Notice of Denial and What this Means for You

Monday, September 27th, 2010

Social Security Disability benefits are denied for a variety of reasons. If you have been denied either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits it could mean you may have failed to meet the nonmedical conditions and you have insufficient work credits for SSDI or you have too many resources or income to qualify for Supplemental Security Income. Social Security Disability benefits are also denied for medical reasons which means the Social Security Administration has determined either your condition or illness does not meet the Social Security Administration’s definition of “disabled”, or you did not have sufficient medical evidence to prove you were disabled.

Countless Social Security Disability claims are denied each year and many of those claims are legitimate. Some claimants have had success winning Social Security Disability Insurance or Supplemental Security Income by contacting a Social Security Disability attorney to review their SSDI or SSI claim and file a Social Security Disability appeal.

What a Denial Means For You?

So you have filled out the Social Security Disability application, sent it to the Social Security Administration and patiently waited months for the decision. Now you are staring at a denial. You may be frustrated, sick and angry. What does this denial mean for you? Does it mean you will never get Social Security Disability benefits? What is the next step?

The good and bad news is you are not alone. Over 75% of first time SSD applications are denied. As mentioned before, many of these claims are legitimate, and the claimants will eventually be awarded benefits. If you are staring at a denial letter, if you are disabled with a mental or physical health condition that keeps you from employment and is expected to last for at least 12 months, it is time to file your Social Security Disability appeal.

Many claimants never file a Social Security Disability appeal and simply keep refilling for benefits over and over again. This may seem like a simpler solution but unfortunately this decision generally renders the same decision. New Social Security Disability applications are reviewed by the Disability Determination Services office (DDS). DDS examiners are responsible for analyzing each Social Security Disability application and making a medical determination about each claimant’s case. The DDS examiners have very strict, formalized criteria which they use for this review, and although your second application probably will not be reviewed by the same examiner, in most cases, the second examiner will make the same decision.

Filing a Social Security Disability Appeal

Filing a Social Security Disability appeal is often the best course of action for most claimants because it allows the claimant an opportunity to eventually present their SSD case to an Administrative Law Judge. Administrative Hearings are generally the third step in the Social Security Appeals process, and they allow claimants a chance to meet the decision maker face to face, offer medical evidence and present witnesses for their case. Judges are not bogged down by strict guidelines and oversight, and statistically, claimants have a forty-percent chance of winning their Social Security Disability benefits in an Administrative hearing even if they choose to fight for benefits without the help of a Social Security Disability Attorney. Claimants who choose to hire a Social Security Disability attorney have an even higher chance of winning Social Security Disability benefits.

How can a SSD lawyer help? Lawyers can gather recent medical evidence, present information about your residual functional capacity for working and question the vocational and medical experts.

Don’t keep applying over and over again for Social Security Disability benefits, remaining in an endless cycle of repetitive denials. Talk to a Social Security Disability lawyer about what type of evidence you need to win your Social Security Disability claim.

Tags: , , , , , , ,
Posted in Social Security Disability | No Comments »

Social Security Disability Application Interview Process

Wednesday, September 22nd, 2010

If you have a disabling health condition and are unable to work you may apply for Social Security Disability benefits. The Social Security Administration administers two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To qualify for either disability program the applicant must meet certain medical standards, SSI applicants must meet certain resource and income levels and SSDI applicants must have contributed enough payroll taxes to the Social Security Trust Fund and earned enough “work credits” qualify for benefits.

Unless the Social Security Disability applicant decides to fill out the Social Security Disability application online, the first step in the Social Security Disability process is to contact the Social Security Administration (SSA) and set up an interview time. The application can be done over the phone or in person. Regardless of whether or not the applicant is completing the application online or in person, the SSA encourages each person to complete the Social Security Disability checklist prior to their Social Security Disability interview. Visit www.socialsecurity.gov/applyfordisability to find the Social Security Disability checklist.

Before the Social Security Disability Interview:

  1. Download the Social Security Disability Checklist and the Social Security Disability Starter Kit to prepare for the Social Security Disability interview. The Starter Kit includes a Social Security Disability Checklist and general information about the Social Security Disability process and all the necessary forms which the applicant will need to complete for the Social Security Disability application process.
  2. Gather all the medical records you have in your possession. The Social Security Administration is responsible for gathering any records that you do not have which are determined to be relevant to your Social Security Disability claim. Sending them the records or bringing copies of them to the SSD interview can expedite the SSI or SSDI claims process.
  3. If you have been injured on the job and have filed a workers’ compensation claim it is important to bring information about the case such as the settlement dates, the compensation amounts, the date of the injury, the workers’ compensation claim number and information about all workers’ compensation disability payments which you have been awarded.
  4. Provide information about the names and ages of your children and spouses.
  5. Provide dates of marriages and divorces.
  6. Gather all financial records including bank account information, routing numbers and direct deposit information.
  7. Complete the medical form SSA-827 which will give the Social Security Administration authorization to request medical information from hospitals, doctors, clinics and any other type of medical facility.
  8. The Medical and Job worksheet – Adult should be filled out and brought with you to your Social Security Disability interview.

Completing the Social Security Disability Starter Kit and the checklist will help you prepare for your Social Security Disability interview. It is important to keep the appointment even if you do not have all of the information you need. The Social Security Administration may be able to help gather certain pieces of medical data for you.

For the Social Security Disability Interview

It is the day of your Social Security Disability interview and you want to be prepared. What should you bring? Many of the items you will need you have already gathered while completing the Social Security Disability Checklist. In addition to those items it is a good idea to bring the following:

  • Birth certificate
  • Social Security card
  • Investment information
  • A list of your current prescribed medications
  • Doctor’s information (names, addresses and phone numbers)
  • Any medical records you have in your possession. Copy the relevant medical records prior to the interview and give the copies to the Social Security examiner. Do not ask them to make copies for you.
  • A list of any physical or mental impairment which you have and any functional limitations caused by your mental or physical health conditions.

The best way to expedite the Social Security Disability process is to be prepared. Have the information the Social Security Administration requests with you for the interview and be ready to answer questions about your work history, medical condition and current limitations which are caused by your disabling health conditions.

Providing medical records for your conditions can eliminate the need for the Social Security Administration to gather the data themselves which is the most time consuming part of the Social Security Disability decision making process. Medical records should be complete for each medical source and should contain your previous and current medical data. Older records may be needed to establish your eligible onset date (EOD) and current medical records are needed to prove you are still disabled.

Many Social Security Disability claimants want to know why the Social Security Disability process takes so long. It takes a long time because there are so many applicants. With a few simple steps and a willingness to provide the right information, the claimant may be able to save a great deal of time.

Tags: , , , , , , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

« Older Entries




LeadRival LP BBB Business Review


Online Marketing for Lawyers