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You should file as soon as it is determined that you will not be able to work during the next 12 months or your condition is expected to lead to death. However Social Security is not a short term disability. Therefore if you have an accident where you cannot work for several days or even a few months, you will not be entitled to Social Security Disability benefits. If you are disabled from performing substantial employment, you may be eligible for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits. Your doctor does not declare you disabled. Social Security has its own criteria for determining if you are disabled by their standards, and your doctor’s opinion of your ability to work is not part of them. Althought in a social security disability (SSA) claim, federal law gives the greatest weight to the opinions of treating physicians. It would be best to your doctor to write a narrative letter supporting your disability and give the basis for the conclusion of disability, any lab tests, observed symptoms, experience with dealing with your conditions, etc. Under the law, "disability" means the "inability
to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can
be expected to last for a continuous period of not less than 12
months or result in death." In other words, you may qualify if:
Stages of the Social Security Disability Claims Process: Do not be surprised if you are denied at the initial stage (good reason why it is wise to have an attorney). Only about 40% of the claims are approved at that stage. The next stage, Reconsideration, about 20% of the individuals win at that stage. The last stage, the Hearing stage is where the individual actually has a hearing in front of an Administrative Law Judge. The hearing is informal with only the judge, his secretary and often times the judge will have a vocational expert present to testify as to what jobs the individual can perform. Regardless of what anyone tells you, it's good advice, if you are disabled and unable to work, to pursue a claim for Social Security disability, or ssi based on disability, and get it filed immediately. Reason: disability claims can take a very long time to process. This isn't true in all cases, but it is in most. Unfortunately, many claimants for disability benefits have experienced severe problems and hardship simply because they had no idea how long the process would be, and only realized when it was too late that they should have filed an application much much sooner. Social Security doesn’t care whether
or not you get benefits. It’s a matter of following the rules, not really trying to see if an individual can work or not. The Social Security Administration is a huge bureaucracy. In an effort to make the process uniform throughout the country there are volumes and volumes of rules that must be followed. This, complicated by the fact that the staff is tremendously overworked, has caused Social Security to stop relying on one analyst’s ability to carefully analyze a particular claimant and independently conclude they are disabled enough to collect benefits. Sadly, it has become a matter of examining medical records to see if the right “boxes” can be checked off on their list. If so, the claim is approved; if not, the claim is denied. It is all the more important that you know the process before applying for benefits. Typically,
at the time social security first evaluates the claim, it will
not have been one year from the date of injury. If, at that
time, the doctors are saying anything like: "We will just have
to wait and see," social security may turn the application
down with the following language: "We have determined that your
condition is not expected to remain severe enough for 12 months
in a row to keep you from working." The doctors won't say
how fast the survivor will improve, which leaves social security
with the opportunity to conclude that some work will be possible
within a year. Thus, the initial application gets turned down.
Also, because of this, it is imperative that a claim be tracked by someone – either the claimant or a professional– to make sure that all requested medical records are submitted and that the medical records accurately reflect your condition and contain the necessary documentation to support the claim of disability. Having an attorney makes good sense: No fee is collected if your social security disability claim is not won, and fees are only collected on the back end. Lawyers receive 25% of the back benefits up to a certain amount which has been set by law. Statistically claimants that are represented by an attorney are much more likely to win their claim. An experienced attorney knows what proof social security and ssi disability system requires Using legal help eliminates both the necessity of waiting in long government lines and the chance that a government clerk’s incorrect notation on your condition jeopardizing your claim. All aspects of your case including complicated paper work will be handled professionally. If you are denied on your Initial Claim, it's good advice to get an attorney or non attorney Representative to provide representation and help you with your claim for continuing and past due benefits (back pay). Reason: the way the disability system works, a claimant will, typically, either be approved on an initial application...or will be forced to follow the appeal route, at least to the point where their case is brought before an Administrative Law Judge at a social security disability hearing. This is not always the case, but it is generally a predictable rule of thumb (*reconsiderations usually have a much higher rate of denial than initial claims--and initial claims are denied 60 to 70 percent of the time, depending on the state in which you filed. For this reason, most claimants will have to go to a hearing if they hope to be approved--and going to a hearing unrepresented is foolish). What
we do for you: Your
Social Security Disability or SSi Disability Claim will be handled
at any stage in the process including application and appeals.
Remember, there are no fees unless you win your case and you collect
benefits. We will: If you think you may have problems doing the paperwork for your social security disability Claim, take some advice and call us immmediately 1-866- 432- 0382. An extraordinary number of persons who apply for benefits, or file an appeal following a denial, fail to properly complete their paperwork, or fail to submit their forms in a timely manner (*all appeals for disability must be filed within 60 days of the date of the last denial). Home What Are Social Security Disability Benefits The Truth Claim Process About Us FAQ Contact Us Privacy Policy Social Security Helpline |