How to Prepare for a Social Security Disability Hearing

For most claimants the most intimidating part of a Social Security disability claim is the hearing before the adminstrative law judge. In this article, I will explain some simple tips to help get you through the hearing process. Probably the most important thing is to make sure your file contains all your medical evidence and opinion evidence from your treating doctors. Opinion evidence can come in the form of RFC's or doctors report. Good opinion evidence will explain your medical conditions and how these conditions limit you in your ability to work. A letter from your Dr. stating that you are totally and permanently disabled with no clarification is basically useless. At the hearing stage, you will have an opportunity review your file. Take this opportunity to make sure all of your medical evidence and opinion evidence is in your file. You will also be able to see what Social Security doctors have said about your condition and your limitations. It also helps to understand what type of questions will be asked at your Social Security disability hearing. To get an idea of the questions that will be asked follow the link to my page on SSDI hearings. You may also want to consider hiring an SSDI lawyer because if you hire an experienced disability lawyer they will have handled many Social Security hearings. This will not only help you understand what to expect, but your lawyer should be skilled in the ability to ask questions and cross examine. They will also be able to present the theory of your case as to why you are disabled. If you choose not to get a lawyer then you should make sure you understand exactly what you have to prove to win your particular claim. Once you understand what you have to prove, you should then go through your file and make notes about the exhibits that help show you are disabled under Social Security rules. One thing to remember, is that Social Security hearings are informal hearings, which means you do not have to worry about rules of evidence. A Social Security disability hearing is fairly straightforward, with the ALJ or your lawyer if you have one asking questions of you. It is also possible there may be a medical expert or vocational expert or both at your hearing. In this situation, I strongly recommend getting an experienced SSDI lawyer since it would be nearly impossible for me to be able to explain how to cross examine these witnesses. One other thing you should know about the hearing is that most of the time you will not get a decision the day you have your hearing. It usually takes a couple of months to get a decision from the hearing office. For more information on SSD or SSI hearings follow link above to my page on the subject.

How to Win a Social Security Disability Claim

There are many things you can do to win your Social Security Disability claim. I clearly cannot cover all of them in this one post, but I am going to explain two basic things that can help any disability claim. If you want to give yourself the best chance to win your SSDI or SSI claim you should read my full website on Social Security Disability. However, for those of you who preferred the abridged version I am going to explain the two basic ways you can win your claim and what you need to do it.

The first way you can be found disabled is if you meet or equal a listed impairment. To be found disabled under a listing it is extremely important that your doctor believes you meet or equal listing and is willing to write you a report explaining which listing by number and why. The report should include any medical evidence, tests, x-rays, MRIs or other medical evidence that the listing requires. It also helps if the doctor who is writing the report is a specialist in the area which you are claiming to meet a listing in. This sounds very easy, but the medical listing of impairments were written to be difficult to meet or equal, because if you are found disabled based on a listing they will not consider your age, education, or past work experience. The listing of impairments requires a severity of a medical condition that is so severe that anyone who meets the requirements is clearly disabled no matter what their age, education, or past work experience is. Most people applying for Social Security Disability benefits will not meet or equal a listed impairment. That being said, this should be the first place you look and if you feel you may meet or equal a listed impairment you should take a copy to your doctor to see if he or she feels the same way.

The second way you can be found disabled is if you can show the limitations caused by your medical conditions would prevent you from working. Your age, education, and past work experience are important here and dictate exactly how limited you must be to be found disabled but to be safe it is best to assume you have to show you cannot do any work. Nobody knows what limitations you have from your medical condition like you do. Unfortunately, Social Security cares more about what doctors believe your limitations are. This is why it is very important that you get opinion evidence from your treating doctors. In every case, Social Security examining and nonexamining doctors will give their opinion of your limitations from your medical conditions. You will need to get your treating doctor's opinions so that the Social Security doctor's opinions are not the only opinion of your limitations in your file. It is also important to know that your doctor's opinion is supposed to be given more weight than the opinion of the Social Security doctors if it is supported by the rest of the medical evidence. There are two ways to get your doctors opinion of your limitations. You can ask your doctor for a report explaining your medical condition and how it prevents you from working. The second way, and in my opinion the easier and better way, is to get RFC forms completed by as many of your treating doctors as you can. If you have an RFC completed by your doctor, and it shows limitations that would prevent you from working, and you have medical evidence that supports that opinion, then you have a real good chance of winning your Social Security disability claim. If you have two or more RFC's that show you have limitations that would prevent you from working and you have the medical evidence that supports these opinions then it would be very difficult for Social Security to deny your claim.

So, those are the to basic ways to prove you are disabled. You should always check if you meet or equal a listed impairment and get a report from your doctor if he or she believes you do to. Whether you are able to provide a report that states you meet or equal listed impairment or not, you should then try and get an RFC from each of your treating doctors. You cannot assume that Social Security will follow your treating doctors opinion, which is why you still need to get RFC's even if you have a report that states you meet or equal a listing. Also, if you have an RFC that shows you are unable to work, you should try and get another from one of your other treating doctors for the same reason. No matter what your medical condition is, if you can get a detailed report or RFC that shows you are disabled you will greatly increase your chances of winning your Social Security disability claim.

Social Security Disability: Knowledge to Win

I was once asked in an e-mail why it is that a person who is truly disabled for SSDI or SSI and whose doctors believe this person is disabled, still has to lose twice and then is forced to get a lawyer before they win their case. The e-mail was implying that there's some sort of conspiracy to force people to get lawyers before they can win their claims. I can assure you nobody from Social Security wants to make sure lawyers get clients. I think the problem is not that one is forced into getting a Social Security Disability lawyer to win their case at a later stage in the process to win, or that they win just by having a lawyer. I think one of the major problems and I have been writing about this for sometime, and it was the inspiration for me starting my website, is that people in general do not have access to the knowledge required to know what they have to show to win their claim. I believe lawyers are partly to blame for this, because most lawyers will not take cases at application because the fee they receive is based on past due benefits and they feel the work that is required to make sure the application is done correctly with all the evidence needed to win is not worth the fee they would get if they win at this stage. Many lawyers tell people to apply and call back when you are denied. You add this response, to the general belief that no one wins at application (which is not true 30 to 40% of cases at application win), and what you get is many people applying with no help and no knowledge of how to win. I personally handle cases at application for a few reasons. First, I believe if I help with the application I know the client will not only have a better chance at winning at application, but even if we do not win at application I know the application was done in a way that won't hurt but will help the case throughout each stage of the process going forward. Another reason to take cases at application is, because if we win I might only get a small fee if any, but I will have a very happy client who will refer me to other people. If you think about it if you get a lawyer at application and you win you may have no fee at all. Since SS will not pay a claimant for the first 5 months they are disabled there is a good chance there will be no past due benefits or very little therefore no fee at all or a small fee. One of the biggest problems is that people wait until they have been denied one or two times before they get a lawyer to help them. I can assure you there is not a conspiracy which forces people to get lawyers. Lawyers in particular lawyers who exclusively do disability claims know exactly what needs to be proved for any given case, and they know what evidence they need to prove the disability. A lawyer not only goes to law school to learn how to understand law and present evidence, but if they are experienced in a particular field like SSDI they have handled hundreds if not thousands of Social Security Disability claims. Can someone applying and pursuing SSDI on their own ever hope to be able to know as much or be able to handle a disability claim as well as a lawyer like this. I am a lawyer who has been practicing SSDI law for 15 years but when I bought and sold my last house I used a real estate lawyer. Could I have researched and done it on my own? Yes, but would I do as good a job as a lawyer who only does real estate law? Probably not. Ok, so I explained why experienced SSDI lawyers are helpful in getting SSDI benefits. That all being said, there is always going to be people who want to do it on their own, or who have a really strong case and do not need a lawyer. They will need the knowledge of what they have to prove to win and need to know what evidence is needed to prove they are disabled. Again, I have to say that lawyers are partly to blame here as well. When I looked up SSDI law on google about 4 or 5 years ago all I found was websites for lawyers with little or no good information on how to win a claim on your own. All I found was websites created by website companies looking to sell leads to lawyers that knew nothing about SSDI law but know how search engines work. The other type of websites I found were law firm and non-lawyer companies websites created by website people with no helpful information except reasons why you need their particular company or lawyer to win. This is when I started my Ultimate Social Security Disability website. I decided I was going to tell the world exactly what you have to do to win your claim for benefits in as easy to understand language as possible. I think if you spent any time reading my website, you will see that is exactly what I have done. Yes, I still get clients from the website, but I also get so many e-mails from people who were able to win their cases with the help of following the advice on my website, and from my e-mail responses to their questions. If you know someone who has a really strong case then tell them to read my website before just jumping in. In an e-mail to me it was asked how someone at SS can ignore all the doctors and conclude on their own that a person is not disabled despite what the doctors say. This can be an example of how knowledge of SSDI and what you need to win can be explained. One thing is that there are not just the claimant’s doctors but several SS doctors are involved as well. Some examine the claimant and give opinions and others look at the evidence and give opinions of what the client can do and not do in a work setting. If the claimant's doctors just write "it is my opinion the claimant cannot work" it is not worth the paper it is written on. If the claimant's doctor on the other hand fills out an RFC form which explains exactly what the claimant can and cannot due and why, then the claimant will have a much better chance of winning. This comes from understanding that you have to assume SS doctors will almost always have these forms filled out showing limitations that would allow the claimant to work. If the claimant has their doctors do the same thing but show the claimant cannot work then SS, by their own rules, must find in favor of the client because the treating doctor's opinion holds more weight than a SS doctor if the treating doctor’s opinions are consistent with the medical evidence. If a person knew this from the beginning, they would have made sure to have their doctors fill out these forms and could quite possibly win their Social Security Disability case much sooner. If a claimant on their own with this knowledge or if they had a lawyer they would have done this. This is just one small example of how knowledge of what you have to prove and how you do it for your particular claim can make the difference between winning at application with or without a lawyer and waiting 2 years with no money until you win. Just my view and I hope you can see a different side of the situation. I too believe the system can be unfair and takes too long and I also believe SSDI lawyers can take allot of the blame for not taking cases at application and Social Security and disability lawyers not taking time or effort to educate the public on how to win a claim on their own if they want to.

Why You Must Know as Much as You Can About Social Security Disability

Chances are if you are reading this you already realize the importance of learning as much as you can about Social Security disability, and how they will answer the question "are you disabled". Some of you may hire a lawyer so you do not have to try and learn something as complex as Social Security disability law. This is understandable for some of you who have disabilities that prevent them from being able to take on such a task. However, for those of you who are able even if you have a lawyer you should read and become as knowledgeable as you can on SSDI or SSI. How deep your research goes will depend on your ability to retain the information, and be able to apply that information to your particular case. You might be asking: isn't that why I hire a lawyer? Yes, but I will give you a couple of reasons why you should still do your best to know as much as you can about Social Security disability law. First, many Social Security disability lawyers are extremely good at what they do, but even the best lawyers can not know exactly what you are going through and how your particular medical condition is affecting you as an individual. Lawyers know how certain medical conditions affect people and they know how to use that information to present your case. However, just because two people suffer from the same medical diagnosis does not mean they have the same limitations and symptoms as each other. In other words, no one knows your condition as well as you do. If you know even the basics of how your claim will be handled by your lawyer you will be able to help the attorney present your case in a way that gives you the best chance to win. I will give you an example from my case I had not too long ago in front of a particularly difficult judge. My claimant had a rare visual medical condition that did not fit neatly into the Social Security disability guidelines to be found disabled. The claimant did not meet or equal the listing from any of her visual tests, so we had to show that this person could not even perform the simplest of work. The claimant had read a piece I had written on the Internet about keeping a diary and the importance of being able to explain exactly how your medical condition limits you in day to day activities. After going through all of my clients medical records and speaking to my client for over an hour the claimant handed me a notebook where my client would write down a sentence or two each day about the difficulties of my client's vision from day-to-day. I noticed almost every day it was noted this person had double vision lasting hours. I confirmed with the treating doctor that this was one of the side effects of her condition. The doctor then wrote up a report explaining it was his opinion that the patient experienced double vision at least six hours a day and that this was very common for people with this medical condition. On the day of the hearing, the ALJ asked the typical questions about visual acuity and peripheral vision. The ALJ then presented a hypothetical to the vocational expert with the limitations that the eye test showed. As I expected, the vocational expert came up with quite a few jobs my claimant could do. It was now my turn to present my hypothetical to the vocational expert. I asked the vocational expert and the judge to cross their eyes. I then asked the vocational expert if this was an individuals vision for six hours a day would there be any work this person could do. The answer was no and the ALJ, with the treating doctors report as part of the file, had no choice but to find the claimant disabled. As you can see in this example, because the claimant read my article on the Internet that told people to keep a diary and the claimant did it, I had the information I needed to come up with a creative way to present my claimant's case to the ALJ which in turn led to a favorable decision. Another reason it is important to be as knowledgeable about SSD and SSI as you can is so that you will know whether the lawyer you are considering hiring is the one that gives you the best chance to win. You will have the confidence to ask questions and ask how he or she plans to pursue your case. Lastly, if you know what you have to prove, and what evidence you need to do so, you can get that information if you don't have a lawyer or help the lawyer get the information that is needed to win your claim, without having to wait for instructions from the attorney who probably has many clients. It is important to remember that if you have a lawyer never send anything into Social Security without your lawyer seeing it first, because no matter how much you have researched if you have an experienced Social Security disability lawyer they will still know the law better than you. I hope all of you who have claims pending have a favorable outcome in the near future.

How to Win Your Social Security Disability Claim.

If you are reading this it is because you are applying for Social Security disability or you have been denied SSDI or SSI. If you are denied your disability claim then you might be saying to yourself what can I do to improve my chances of winning? Let me first say, there is no secret formula to win every Social Security disability claim but if you are disabled and unable to work there are certain things you can do to give yourself a better chance of winning. In this post, I will list some things that you can do to help improve your chances. The first thing you need to know is what you have to prove to win your particular SSD claim. If you are unable or you do not have the time to research the Social Security laws to know what it will take to win your claim then it is strongly recommended you get the help of a lawyer for your disability claim. You must also be very active in making sure all your medical records that are relevant to your claim are submitted to Social Security or your attorney if you have one. It is also a very good idea to have opinion evidence from your doctors explaining your medical condition, treatment, medications, medical tests, and how your medical conditions limit you and your ability to do work related activities. In other words, you need evidence that shows your doctor believes you are unable to work. It is not enough to simply have a statement from your Dr. stating that you are permanently and totally disabled. The type of opinion evidence you need must be detailed and explain exactly what your limitations are that prevent you from working. You must also have an understanding of the medical listings of impairments. If you meet or equal a listed impairment then you will be found disabled by Social Security without consideration to other things such as your age education and work experience. However, meeting a listed impairment is designed to be difficult for this reason. So if you think you meet or equal a listed impairment it is important that you show a copy of the medical listings to your Dr. and if your Dr. agrees that you meet or equal one of these listed impairments then you should get a report from that Dr. explaining which listing and why and it needs to be supported by the rest of the evidence in the file. Meeting a listed impairment is not the only way you can be found disabled and most people that are found disabled do not meet or equal listed impairment. However, you should always check to see if your medical conditions are listed and read the requirements it takes in order to meet these listings. If you do not meet or equal listed impairment this is where your doctors opinion of your limitations can still show that you are unable to work. Let's assume for a minute that you do not meet or equal a listed impairment. In this situation, SSA will look at your age, education, work experience and how your medical conditions limit you to determine first if you can't do your prior work, and if they determine you cannot, you must then have the evidence that shows them that you cannot do a significant amount of any other work. What exactly you will have to show and how you will do it depends a lot on your particular medical condition and limitations from it and how old you are, your education and any skills you have acquired from your previous work. Social Security disability claims can become extremely complex in some cases and almost always difficult in general. You may want to consider hiring a Social Security disability lawyer since they have the knowledge and ability to put your case together in a way that gives you the best chance to win your SSD claim. Even if you decide to hire a disability attorney it is still a good idea to learn as much as you can and stay as active as you can in your claim. For more helpful information on Social Security Disability visit my website which covers almost every aspect of an SSD or SSI claim. Another good resource for information but of course will not give you tips on how to win is the SSA website.

Tips on how to win a Social Security Disability Claim

I will give you a few tips on how to win your SSDI or SSI claim. Many of these things I have mentioned before but if you are reading my blog and others like it then this is the information you are really looking for. I will discuss tips that help with all types of claims and you should realize that every case is very different but there are some common keys to preparing your case. First, learn enough to know what you have to prove to win your particular case. A good place to start your research on Social Security Disability is my website. Second, read the medical listing of impairments for your particular conditions. If you feel you may meet or equal one of those listings take a copy to your doctor and ask him or her. If they agree you should try and get a report from them that states the listing and why you meet that listing and have the rest of your records to support this. If you do not meet or equal a listing you will still need all your medical information but you will also need RFC forms or a report from your doctor that shows your limitations from your medical conditions. Look at the GRID Rules and see if you would be disabled under them given your age education and work experience and the limitations you have from your condition. If you do not meet a listing or fall favorably into one of the categories for the Grid rules then you will most likely have to show you can't even do a significant number of sedentary jobs (sit down work with very little lifting and standing). Important limitations to show here are any psychiatric or other cognitive limitations. Also any limitations of your arms and hands. You should also not forget your limitations from pain such as limitations in sitting long and difficulty in concentration. This is just a short list of tips but should get you going in the right direction. If you have trouble understanding what you have to prove and how to do it seek the help of a lawyer. Despite what many lawyers may tell I suggest you do not wait to be denied before getting help. Get it right from the start and your case may win at application and save you much time in the process.

How to Win Social Security Disability Benefits

The most important question I am sure most of you want to know is how do you win an SSDI or SSI claim for disability benefits. In this post I give some very general tips on what you can do to help your claim succeed. There is no trick to win your claim. However, if you want to give your self the best chance to win you should make sure to do the following things. Read as much as you can about Social Security Disability. Most importantly you need to know how Social Security will determine if you are disabled. Ounce you understand SSA's five step process for determining disability you can start to figure out how it applies to your particular case. There are several key ingredients to a successful claim. First, and often times overlooked is that you must have a "good" case. This means you have a medical condition or several medical conditions that interfere with your ability to do things that would impact your ability to work. Second, you must have all relevant medical records submitted to SSA. Third, you need RFC forms or reports from your treating doctors that show how your medical conditions affect your ability to do things. Fourth, you should be under the care of the appropriate doctors and taking your medication as prescribed. Fifth, you should have a "theory" of your case. This means you know how the law applies to your case and can articulate why you are disabled under SSA rules. If you do not fully understand what you have to prove in your particular case or you think your case may be difficult to prove you should contact a lawyer. You should not rely on Social Security to make your case for you and don't assume they got all your medical records. Make use of a good Social Security Disability resource such as my website and the SSA website. There are many more tips on how to win your claim for Social Security Disability available on my website. Lastly, these claims can take a long time and can be extremely frustrating but never take it out on the employees at SSA it will not help your case and may actually hurt it. I wish you luck in your pursuit of SSDI and SSI benefits and if you have any questions feel free to contact me.