Get your Doctor to Write a Supporting Statement for your Social Security Disability or SSI Case

Posted on August 9, 2010 by Editorial Board

A statement from your doctor may be one of the most helpful tools to use when trying to win your SSD and SSI case.  Judges look at these forms in a particularly favorable light if the written statement details what limitations your condition is causing you.  A short paragraph on the subject will not be enough so your attorney will typically request that your doctor fill out and sign what is called an RFC (residual functional capacity) form.  This is a form that discusses what your doctor feels you are capable of doing and what limitations you have because of your illness.

There are several RFC forms that may used in your case.  Some are more general particularly those for some physical and mental conditions.  Others are more specific which range from Diabetes RFCs that show diabetes related limitations to those imposed by cardiac conditions and even asthma.  Your attorney will advise you of which RFC forms will be needed in your case.

In general however, these forms will cover issues like postural limitations such as sitting, standing, walking, and kneeling to manipulative limitations such as handling, and grasping.  A limitation on the amount of pounds you can lift is all important.  Other limitations such as environmental exposures or exposures to chemicals or dangerous activities should also be addressed.  All in all, this will give the judge a better understanding of what you are capable of doing or what limitations you may have that prevent you from working which will in turn increase your chances of getting awarded.

Posted in Basics of SSD, Medical Evidence, Winning Disability Benefits, Your Limitations | Comments Off on Get your Doctor to Write a Supporting Statement for your Social Security Disability or SSI Case

How do you Qualify Medically for SSD or SSI Under the Listings?

Posted on August 9, 2010 by Editorial Board

Everyone’s case is different and the method of review of your case will depend on what medical condition or group of physical and mental conditions you are alleging.   Social Security will review your entire record in detail to see what conditions are being alleged and to see how your case will be decided. They will look for evidence of the severity of your case as well as what your specific physical or mental limitations are.

It is possible that your condition is severe enough to meet a Listing of Impairment which will automatically entitle you to benefits.  The Listings of Impairments are a group of listed impairments that are considered severe enough to prevent an individual from working.  The Listings are broken up into major body systems and are very specific and have exact criteria that must be met in or to meet or medically equal a listing.

If your case goes to a hearing, the judge will be the one making that decision usually along with the help of a medical expert who will review your file and give his/her opinion as to whether a listing was met.

Posted in Legal Concepts in SSD, Medical Evidence, The Listings (Step 3), Winning Disability Benefits | Comments Off on How do you Qualify Medically for SSD or SSI Under the Listings?

Not Appealing Your Social Security Disability or SSI Case before the Deadline is a Mistake

Posted on August 9, 2010 by Editorial Board

The Social Security Administration (SSA) will send you letters that tell you their decision at each step in the process.  A typical disability claim will take several months to be decided by the state agency in your state.  When you get your initial application’s decision in the mail it will tell you if you have been awarded benefits or if your claim has been denied.

When you are denied disability benefits you have appeal options which give you a way to still win your case.  In your denial letter it will tell you how you can appeal that unfavorable decision.  If you are handling your case on your own you want to be extremely careful how you file your appeals.  When you have a legal representative they will handle this for you.

Never Miss an Appeal Deadline

Not only do you want to follow the instructions in the denial letter exactly, you also want to be able to prove that you did so.  That means you should complete your appeal request in writing, and then either hand deliver it and get a receipt or mail it certified mail return receipt requested to the Social Security address in the denial letter.  Your green card that the post office will return to you will prove you sent Social Security a letter to them and that they got it.  Keep a copy of the letter too, and if necessary you will be able to prove you sent a timely appeal in the event SSA claims they never received it and dismisses your case.

Out of all the people who file for disability benefits nationally, a huge percentage of them give up once they have been denied.  Do not make that mistake!  A significant amount of people who are initially denied, but properly appeal will eventually win later on in the process.  Keep your case alive by properly appealing denials yourself, or get a disability lawyer and to file timely appeals for you.

Posted in Appealing a SS Decision, Basics of SSD, Why People Are Denied | Comments Off on Not Appealing Your Social Security Disability or SSI Case before the Deadline is a Mistake

Having a Friend Represent You at Your Disability Hearing is a Mistake

Posted on August 9, 2010 by Editorial Board

You know more than anyone how important your disability case is for you and your family.  You are trying to replace your income with a disability check because you can no longer work due to your medical problems.  Your ability to take care of yourself and your family is in large part tied to the outcome of your disability case.

Lawyers who represent people filing for Social Security Disability benefits get a fee that is usually just 25% of the back-pay award.  Disability lawyers get nothing from your future monthly checks, just a portion of the back-pay.  Their fee could range from zero to a $6,000 maximum fee.  If your attorney makes a maximum fee then your 75% share of the back pay would be $18,000 or more!

The fee may sound like a lot, but typically a disability lawyer does work that far exceeds the value of their fee.  After all, they can help you get a fresh start on your future.  What is it worth for you to have health insurance and a monthly benefit check?  Hiring an experienced disability lawyer will greatly increase your chances in winning disability benefits.

Even though the fees for a disability attorney are reasonable, some claimants will still want to file for their benefits on their own.  Filing at the initial application, or even the reconsideration level is a bit difficult for people doing it the first time.  In fact, there are things you can do in your initial applications that can become a problem at the hearing level when ALJs will scrutinize your forms completed earlier in the process.  Taking a chance and starting out without representation is risky, but representing yourself at a hearing, or even worse, using a friend or family member to represent you in a hearing, could turn into a disaster and be part of the reason why you get denied.

The Administrative Law Judges (ALJs) who conduct Social Security Disability hearings for the Social Security Administration (SSA) are generally nice to unrepresented claimants.  But the first thing they must do to an unrepresented claimant is to warn them that they should not do the hearing without representation.

When the ALJ advises you to get representation they mean experienced representation.  If you are facing a disability hearing and you are considering someone who has never done it before you should think about all the potential problems they may encounter, and what the consequences mean for you if you get denied.  Consider the preparation necessary to get ready for a hearing.  Consider the experience a lawyer would bring with the entire process, their confidence with the necessary legal arguments, and their familiarity with ALJs.

Your disability claim is too important to entrust to just anyone, especially someone who, regardless of their good intentions, just doesn’t have the experience or skills necessary to confidently guide you through the process.  It’s ok to bring a friend or family member along with you to your attorney’s office for moral support, or even to help you plan your case, but don’t make a choice that could hurt your chances of winning your benefits.

Posted in Questions & Answers, Social Security Hearings, Why People Are Denied, Winning Disability Benefits | Comments Off on Having a Friend Represent You at Your Disability Hearing is a Mistake