Tag Archive for Social Security Disability
Applying for Social Security Disability is the first step in obtaining disability benefits from the government. If you are reading this email then it means you are at the very beginning of a long process. You will be given deadlines to respond to requests by Social Security and they will find it very easy to deny your benefits or reduce your maximum benefits over a missed date. Get used to this. As you go through this process you will find that these dates can make or break your claim. The application date is the very first event in your Social Security Disability claim. Should you prevail, the Application date establishes the day that Social Security must start paying you. Delaying your benefits by even one month can harm your case. The burden is on you to prove you are disabled according to their rules and this is a time sensitive process. You need to be aware that time is money. Social Security works month to month and the date of your initial application is really the month of your application. This is important to you because it involves money. You need to act before the end of the month in order to preserve your maximum benefits.
I definitely encourage you to at least preserve your rights by starting your application. According to Social Security’s rules you only need to start the application to protect your rights. It’s called a protective filing. You can do this online and you don’t have to complete the application to protect your rights. Please take a moment and start a Disability Application online. You apply through the Social Security website and it is very secure. You don’t have to finish the application in one sitting. In fact if you get to the 8 digit application screen then you have successfully preserved your rights. If you did that then you are well on your way to getting your benefits from Social Security. Let’s get a healthy start to get the benefits you deserve. Tim myDisability.us
• Major joint problems. • Rheumatoid arthritis. • Spinal stenosis. • Amputation. • Scleroderma. • Fractures. • Dermatomyositis or polymyositis.Another condition that may qualify for SSDI benefits includes a “disturbance of gait and station.” This neurological disorder disrupts the ability to walk, stand or balance. Most often, a patient with this type of disorder will need a wheelchair. Examples of conditions that satisfy the SSDI definition of “disturbance of gait and station” include:
• Huntington’s disease. • Cerebral palsy. • Post-polio syndrome. • Muscular dystrophy. • Diabetic or peripheral neuropathies. • Multiple sclerosis. • Stroke. • Traumatic brain injury. • Paralysis or spinal cord injuries.While the need for a wheelchair may establish a patient’s “inability to ambulate effectively” or a “disturbance of gait and station” according to Social Security, the agency may require the individual to meet additional criteria to receive automatic approval for benefits. To assist with the application process, providing documentation from a physician, such as the prescription for a cane, walker or wheelchair, will facilitate a quicker response from SSDI. To be eligible for SSDI payments without meeting the listing criteria, an individual must show that he or she cannot perform any job including sedentary work. If SSDI determines that the applicant can perform sedentary work, even while needing a wheelchair, the agency will deny the claim. In making the decision, Social Security will use a residual functional capacity assessment (RFC) from the medical documentation available. Therefore, the prescriptions for walking devices provide concrete evidence of the severity of the disability.
Why is the pursuit of an SSDI claim like being a hitter in baseball? Because in both situations you only succeed 30% of the time. But unlike baseball, you cant make ends meet with such a high failure rate. Nearly 70% of all initial applications for SSDI are denied. When people start the process of filing for disability from the Social Security Office they will often look for help by hiring an attorney to represent them. When you have to get help with your claim you have to call around or click around to find and attorney. Typically, you will fill out an online form or speak with an intake team member from the attorney’s office. You tell the person on the phone all about your case. The intake person is judging the merits of your claim in that single phone conversation. Many times cases are rejected by intake teams because the team member cannot understand your claim. The team member is interpreting your story. If you seem unsure of your situation then the team member is unsure as well. Perhaps the intake team for the attorney is not motivated to present the case because the disabled person has a hard time explaining the merits of their respective claim. Everybody’s case is different and an unclear case looks like a difficult case to many. Many attorneys will only take cases that are easy. A tough case to an attorney is a drain on time and energy and the attorney may want to take a pass on representing a disabled person with. Many times attorneys will react to the disabled persons telling of their story. A disabled person may not be aware of all the facts in their respective case and will leave important facts out. A motivated attorney will try to dig out these facts of the case. A good attorney will not just trust what a disabled person thinks are the facts and circumstances of their case. When I approach a new case I always want to see a Social Security Statement to get a feel for what has been going on for work history. The Social Security Statement has a treasure trove of information for an attorney who wants to help you out. The Social Security Administration starts with this report first. An SSDI attorney should do the same thing. Some times when you speak to the intake team of some attorneys they will not take your case because of what you say. In my opinion, this is lazy. Cases are won on paper. Paper is what drives our modern society. Personal testimony does not carry the same weight in the eyes of an Administrative Law Judge as do the reports of the experts that write about your medical problems. The myDisability Advocacy Resource Center will try hard to get your paperwork. You can upload your documents directly to the site for review and we can get documents directly from Social Security so a thorough case review can be performed. So when you are ready to hire a professional to help your SSDI claim it is best to have your paperwork and a recent Social Security Statement.