Social Security Denied
Sometimes the SSDI road seems too long to travel. You might be worn down from all the unknowns. Getting what is owed to you from your Social Security insurance benefits can seem overwhelming. These emotions must be handled along with dealing with stresses of your own health. I am here to help.
For instance, last night I was on Facebook and I was messaged by someone who knew about a young man that was severely injured in a motorcycle accident about a year ago.
I spent about an hour just answering questions about the SSDI process. Its seems that this young man was not going back to work anytime soon and he has already been denied
by the Social Security Administration. I explained that there is a 60 day window to file an appeal
from the date on the denial letter. It was unclear whether the intent to appeal was actually filed within the 60 day window. The person with whom I was messaging did not know when or even if an appeal was filed. I explained further, that over 65% of all initial claims for Social Security Disability Insurance are denied
as a matter of routine. The expectation by the SSA is that even though you are turned down on the initial application, it is expected that an appeal can prevail once it is reviewed by an Administrative Law Judge. In my opinion the “appeal” is when the real work gets done. You see, the SSDI process has a very high bar to be awarded benefits on an initial claim. This step is designed to allow the SSA to award benefits to the clearly disabled person and “forward” the case to an Administrative Law Judge. This first step requires a claimant to fit into guidelines that make the decision by SSA claim processors to make a “no brainer” decision about a case. The denial does not mean your case is doomed. The appeal is where the claimant can have his/her case reviewed by an Administrative Law Judge at a hearing office. The hearing office is relatively close to the claimant. Each case is different and has many facets that needs to be explained. Doctor reports must be gathered and reviewed by the ALJ. The federal government has created laundry list of possible disabling categories and each class of disability has over 75 conditions
that must be met in able to be approved as a disabled person. This is why you can benefit from an Attorney/Non-Attorney SSDI representative. These professionals have had hours and hours of training on how properly present your case. An attorney will understand your medical condition in legal terms. A good attorney will know when a claim is medically unclear. Many times Doctors need to write down specific disabling conditions such as inability to twist at the torso, or cant lift more than 15 lbs. The attorney will often ask the doctor to discuss these limitations so it can go into the record. This is why you may not want to go it alone on your dealings with the SSA. You need smart people on your side when presenting a case because there are many smart people on their side looking to find fault with your claim. If your initial claim has been denied, I can get an appeal filed almost immediately. I hope this young man that was injured and unable to work will get some professional help for his claim.
NOSSCR Training Seminar
I have just arrived back the from the National Organization of Social Security Claimants Representatives
(NOSSCR) conference in Washington DC. The meeting is a semi-annual gathering of Attorney and Non-Attorney representatives who provide services to Disabled workers to make claims to get their Social Security Disability Insurance benefits. The conference is put on by NOSSCR to educate attorney and non-attorney representatives how to successfully make claims for client who deserve disability benefits from the Social Security Administration. The level of detail and strategy was quite involved. Each person received around 12 hours of formal training and discussion on topics ranging from Traumatic Brain injury and orthopedics to ethics and compassionate marketing of services. We heard from SSA officials, Congress People, and veteran attorneys that have been in the trenches with their clients.
I came away from all of this understanding that most of these people are in it for the sense of helping deserving people to get what is rightfully theirs. Its a shame that the SSDI system makes a deserving person have to hire an attorney to present its case. The SSDI system is designed to deny people on their initial claim only to award them benefits on appeals. The government feels that they are doing the right thing with this system. Claimants who hire attorneys have a higher success rate than those that do not hire attorneys.
Hard at work. NOSSCR Training 2013
The reasoning behind the attorney success is that the attorney and non-attorney representative knows how to present the facts and circumstances of a persons disabilities in they way that allows the SSA bureaucrats to approve a claim. The system should be easier, but its not.
The attorneys and non-attorneys that I meet are passionate people
that want to get people the benefits they deserve. In order to win an award, you will need to prove your disability to a government official who may never even look you in the eye. I do know that these professionals at this conference want to look you in the eye and shake your hand and make you feel like you can get what you paid for. The people at the conference don’t get paid to represent you unless you win your claim. How many other services can you get that guarantee results or its free? Think about it.