In this blog I will try to provide useful information to help those trying to get Social Security Disability or Supplemental Security Income Benefits. I am an attorney who handles these types of claims and I will attempt to provide helpful tips in your pursuit of disability benefits. The information is intended to be correct but not guaranteed. It does not substitute for direct conversation with a lawyer. This should not be construed as legal advice. Call me at 1-877-527-5529.
Showing posts with label Social Security Disability. Show all posts
Showing posts with label Social Security Disability. Show all posts
Sunday, November 21, 2010
Things to Know When Trying to Get Social Security Disability Benefits
In this post, I will talk about some things you should keep in mind when you have a Social Security disability claim. First, sometimes good claims get denied and bad claims win. This is true at every stage of the process and the decisions made at each stage. We sometimes forget that the Social Security Administration is made up of people. Like in all walks of life and jobs there are hard-working employees, lazy employees, and everywhere in between. Your SSDI or SSI claim can be affected adversely and positively depending on the employees that are working on your particular case and their individual opinions of disability. This is one reason you can see differing approval and denial rates in different states and even different local offices or hearing offices in the same state. Believe it or not, besides making sure you have all your medical records and doctors opinions and even a lawyer the second most important thing for winning your Social Security disability claim is to not give up if you can't work. It is my experience, that if you have a good claim and you truly can't work because of your medical conditions, in most cases, you will ultimately win if you continue to appeal your denials. As time goes on, if you and your lawyer are working hard on your case then time is your friend, because it enables you to keep improving your claim. This is not the only reason, another reason is every time you appeal a denial a different decision-maker will make a decision on your claim. So looking at it mathematically with each new person that looks at your claim to make a decision, there is a chance that the next person who looks at your claim might be more sympathetic to your claim then the last. Of course, this is not always the case, but if you keep appealing and you have a good claim chances are you will eventually get a decision-maker at Social Security who will look favorably upon your case and find you disabled. You should also know despite what you may have heard that not every case loses the first decision. For most of you who cannot work because of you disabilities, but do not meet or equal listing, or have a clear-cut case under the rules your best chance of winning will probably be at the hearing stage when your case is heard by an Administrative Law Judge at a SSDI or SSI hearing. Second, as you go through the stages of the Social Security disability process you should always be trying to improve your claim. For some of you, this may mean getting additional evidence that was not in your claim first time you were denied. Another way to improve your case is to hire an experienced Social Security disability lawyer. Whether you decide to get a lawyer or not, it is extremely important that you continue to learn as much as you can about what you have to prove for your particular case to win under the Social Security rules. You should know the five step test Social Security uses to determine if someone is disabled. You should also know how Social Security will handle your particular medical condition or conditions. If you have multiple conditions you should know how Social Security evaluates you combining all of these conditions to determine if you can work. I do understand that if you're trying to get Social Security disability benefits and you can't work that the idea of learning all of this information can be a bit overwhelming. I don't want to sound like I am promoting lawyers but for some of you having an attorney who already knows exactly how to handle your particular type of case can be extremely helpful in making sure you are giving yourself the best chance to win. The last thing you should know is that getting SSDI and SSI benefits can be a long and drawn out process and you must be prepared financially and mentally for the time it takes until you ultimately are able to succeed at winning your disability case. There is no way around it unless you are one of the lucky ones who win at application you must prepare yourself for the stress and frustration of the Social Security disability process.
Monday, September 28, 2009
I have recently started another Social Security disability website.
I write quite a bit on the Internet and recently started a new website on Social Security disability. It does not have nearly as much information as my ultimate disability guide website but I am in the early stages of developing it. I decided to start a new website because although my main informational website is full of great information and tips on getting your SSD and SSI disability benefits I wanted to try some new things without disrupting my current informational website which many people are already accustomed to using. Hopefully, one day it will be as comprehensive as the ultimate disability guide but more importantly by working on my website I am hoping to add additional helpful features to my other websites. I guess you could call it my experimental website. It will include good content on Social Security Disability and Supplemental Security Income and will hopefully, at the same time, be a learning tool for me to see how I can make my other websites better in the future. If you would like to see my new Social Security disability website feel free to have a look and any comments about the site are welcome. The information on that site is very general and will help explain the basics of the Social Security Disability System. If you are looking to do more detailed research then I recommend my Ultimate Disability Guide website. I will also continue to work on my website devoted to VA disability compensation. In the near future, I will be adding significant content to my veterans disability website and eventually it is my plan for it to be as comprehensive and informative as can be. There is already a significant amount of information on VA law in regards to VA compensation and pension. A list of my websites and other writings on the web can be found in the resource page on my Ultimate Disability Guide Website. So whether you are applying for SSDI, SSI or VA compensation you should be able to find a significant amount of information on all of the subjects on my various websites. I hope you find this information useful. As always I wish you luck with your claims and remember learning as much as you can about the type of disability benefits you are trying to get is extremely important in giving yourself the best chance to win.
Sunday, April 19, 2009
Social Security Disability for Cancer
This blog will address cancer and Social Security Disability. Many people who are diagnosed with cancer and apply for SSDI or SSI benefits are surprised and shocked when they are denied by Social Security. What many people don't realize is that even if you are given a diagnosis as serious as cancer you still have to prove under Social Security's rules that you are disabled. It is important that you know how Social Security determines if you are disabled and what evidence you will need to prove your disability. A good place to start to learn this is my website on Social Security Disability. There are some things you should know if you are applying for disability and have cancer. The type of cancer you have can make a big difference on how your claim is processed. SSA has in place a quick determination process for those with certain types of cancer and other diseases. This means if your cancer is on this list you will get a quicker favorable determination. SSA has a screening process for these types of cases. I explain the details, and provide a list of the cancers that Social Security considers in their quick determination process on my webpage dealing with Social Security Disability and cancer. Most of you will have a cancer that is not on this list and, therefore, will have to follow the normal five step process for proving disability. If you are not one of the cancers on the list (with the severity required) then you will first want to check if you meet or equal one of the listings for cancer. If you feel you might meet or equal one of these listings for cancer you should take a copy to your doctor to see if you indeed meet a listing. Even if you do not meet or equal a listed impairment you can still be found disabled if you can show that the limitations from your cancer and treatment for the cancer would prevent you from performing your past work and a significant number of any other work. This is general Information so if you are diagnosed with cancer and applying for SSDI or SSI benefits make sure to read my website and the page that is specific to cancer and Social Security Disability.
Friday, May 09, 2008
Things you should know about Social Security Disability.
I have decided today to just list some things you should know about Social Security Disability. SSA uses a five step test to determine if you are disabled. Many people who write me about why they can't do the work they have been doing. This is not what determines if you are disabled or not. This is only one step in the process. See link above to see the steps the Social Security Administration takes to determine whether you win or lose.
A person applying for SSDI or SSI should not rely on Social Security to get the information needed to win your claim. They will send for some records from the information you give them but they can not be counted on to get everything you need to win. You need to be active in your case particularly with your own doctors to make sure you have all the prove you need to win your Social Security Disability Benefits.
Your age is a big factor in your chances of winning SSDI or SSI benefits. This is especially true for those with physical disabilities. If you are younger than 50 years old usually you will have a more difficult case.
If you do not speak English this can in some situations help your case but if you can speak and understand English and are trying to pretend you don't this will hurt your case tremendously as your credibility for everything else you state will come in to doubt.
If you have a letter from your doctor stating you are disabled this is not enough. ALJs and employees of the Administration often ignore these letters if they are not supported by the doctors own treatment records and the rest of the medical evidence. The decision of disability is for SSA to decide not your doctor.
If you do not understand what you have to prove for your particular case or do not have the ability to present your case well you should get a lawyer to help you. You do not have to pay lawyers upfront they get paid on a contingency bases and only get paid if you win your case.
There is much more you should know and you should research as much as you can even if you have a lawyer. For more information on what you need to know and how to win Social Security Disability follow the link.
A person applying for SSDI or SSI should not rely on Social Security to get the information needed to win your claim. They will send for some records from the information you give them but they can not be counted on to get everything you need to win. You need to be active in your case particularly with your own doctors to make sure you have all the prove you need to win your Social Security Disability Benefits.
Your age is a big factor in your chances of winning SSDI or SSI benefits. This is especially true for those with physical disabilities. If you are younger than 50 years old usually you will have a more difficult case.
If you do not speak English this can in some situations help your case but if you can speak and understand English and are trying to pretend you don't this will hurt your case tremendously as your credibility for everything else you state will come in to doubt.
If you have a letter from your doctor stating you are disabled this is not enough. ALJs and employees of the Administration often ignore these letters if they are not supported by the doctors own treatment records and the rest of the medical evidence. The decision of disability is for SSA to decide not your doctor.
If you do not understand what you have to prove for your particular case or do not have the ability to present your case well you should get a lawyer to help you. You do not have to pay lawyers upfront they get paid on a contingency bases and only get paid if you win your case.
There is much more you should know and you should research as much as you can even if you have a lawyer. For more information on what you need to know and how to win Social Security Disability follow the link.
Monday, March 26, 2007
I will be updating progress of new SSDI process
I will be attending a conference of Social Security Disability lawyers in a few weeks. I plan to pay close attention to anything on the new SSA process being tested in the Boston area. I will learn all I can about how it is going and the positive and negative things we can expect when the new process finds its way to all the states. Check back here because I will give my thoughts on how it is going and what it means to you.
Friday, March 23, 2007
How does Social Security determine if you are disabled?
There is a five step process the Social Security Administration uses to determine if you are disabled.
- Are you working? If you are working at SGA level SSA will determine you are not disabled. If SSA determines you are not working you go to step 2.
- Is your condition "severe"? If SSA determines your condition is not severe you will be denied at this stage. Social Security will find your condition to be severe if it interferes with your ability to do basic work related activities. If your condition is severe you go to step 3.
- Does your medical condition meet or equal one of the medical listings of impairments. If it does you will be found disabled? If it does not you will move to next step.
- Can you perform your past work? If SSA determines you can perform your past work you will be found not disabled. If they decide you can not perform past work you go to step 5.
- Can you do any other work? This is the last and probably most complicated step. It does not mean if there is any job at all out there that you can do Social Security will deny you. SSA uses vocational guidelines sometimes called the GRID Rules. Your age, education and past work experience all come into play here.
These are the steps in the most simple way I could explain them. To get more information on the steps see my web site page called "am I disabled".
Thursday, March 22, 2007
When should I apply for Social Security Disability?
To get SSDI or SSI you must be out of work for at least 1 year or expected to be out of work for a year or more. So if you want to apply before waiting a year you should try and get a letter from your doctor that says he or she feels you will be unable to work for at least a year or more. On the other hand many people for different reasons don't apply as soon as they can. This can be a mistake because you can only get paid for the months 1 year prior to your application in a SSDI case. In SSI you can only get paid from your date of application. So in my opinion apply as soon as you can.
Sunday, March 04, 2007
What is most important to get Social Security Disability?
There is allot of things to learn to have a successful SSDI or SSI claim. If you are handling the claim without a lawyer you need to know the Social Security Disability Process. You also need to know how Social Security determines if you are disabled. I included links to my website which explains both of these. Whether you have a lawyer or not the most important thing you can do to help win your claim is to make sure you get all of your relevant medical records in. Even if you submit all your treating sources records and hospital records you are not done. You should also have Residual Functional Capacity forms or RFC forms from your treating doctors. These forms will show the limitations you have from your medical conditions. It is ultimately these limitations from your medical conditions and not the medical conditions themselves that will help get you found disabled. Even if your medical condition meets a listed impairment it is extremely important that your doctor says so.
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