DISABILITY BENEFITS ASSISTANCE

Disability strikes suddenly and often unexpectedly.  Individuals file for Social Security benefits, then panic when they learn that it can take 2 years or longer to get benefits started. Here are some painful but useful truths you need to know about Social Security disability.  Truth 1:  SSDI does not pay for the first full 5 months of a disability.  If you become disabled, for example, on 6/10/18, and are approved, your benefits are excluded from July through November.  This is called the "waiting period."  In this case, you would become eligible for a payment in November, but would not receive the check until December--because benefits are paid one month in the arrears. Truth 2:  It usually takes about 4 months just to get a decision on your disability application.  No benefits are paid during this time. Truth 3:  Social Security denies about 70 percent of all disability claims.  If this happens to you, it will require an additional 18 to 24 months for the appeal pr

You have a Social Security hearing coming up on your disability claim.  You approach your doctor about filling out a form to support your claim.  The doctor is busy but offers to write you a  brief letter, instead.  Here's what a typical doctor's letter might say: "Mr. Joe Claimant has been a patient of mine for over 20 years.  He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression.  In my opinion, Mr. Claimant is not able to work and is fully disabled."  Signed [John M. Doctor, MD]. Why Social Security judges will probably ignore this letter? REASON # 1:  The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law ( 20 CFR 404.1527 ).  As odd as it sounds, doctors are not allowed to say whether or not you are disabled. REASON # 2:  The letter is very non-specific.  It mentions medical conditions but not the functional limitations caused by those conditions.  It does not est

Social Security judges seldom tell the claimant what their decision will be following the hearing.  But there are some indicators or signs that the hearing went well and may result in an award of benefits: SIGN 1:  The vocational expert testified that there are no jobs in the national economy that you are able to perform. SIGN 2:  The judge did not ask the vocational expert for any opinions about jobs.  While this might mean that the case is very weak and the judge is going to deny the claim without expert testimony, it more often means that the case is strong enough to be approved without vocational testimony.  This would especially be true if a Listing has been met. SIGN 3:  The judge enters a bench decision.  In this case, he or she actually tells you what the decision is and enters it into the record at the end of the hearing in the presence of the claimant and representative.  This removes all doubt. Bench decisions are only given for favorable decisions. The claimant may

Not everyone who thinks they are disabled can get Social Security disability benefits.  This is because the law is very strict and the requirements are very demanding.  Here is what I look for to know that a disability case is strong and has a good chance of success: The claimant's impairment is severe and makes it impossible to work 40 hours a week on a regular and dependable basis--at any job. Severe symptoms have lasted for at least 12 consecutive months or can be medically expected to last that long. There is good and current medical treatment with records showing when the impairment began and detailing the severe symptoms. The claimant has a stead employment history and would still be working if he/she were able to do so. BONUS POINTS ARE GIVEN IF.... The claimant is 50 years of age or older. A treating doctor will sign forms evaluating the claimant's ability to perform work related tasks. The claimant appears to meet one of Social Security's pub

I have never seen an adult disability hearing where Social Security didn't call a vocational expert (VE) to testify.  What's the importance of the vocational expert at hearings? The VE is there for two reasons: 1)  to classify the claimant's past work in terms of its skill level and exertion level.  As to skill, was the past work skilled, semi-skilled or unskilled?  As to exertion, was the past work sedentary, light, medium, heavy or very heavy? 2)  to answer the judge's hypothetical questions about whether the claimant is able to perform past relevant work OR any other work that is available in the national economy. If the VE testifies that the claimant is able to perform any one of his/her past jobs, the claim will be denied at Step 4 of the process.  If not, the case proceeds to Step 5. Step 5 considers this question:  Can the claimant perform any other work which exists in significant numbers in the national economy?  In other words, he cannot perform past

Social Security is quick to point out that you don't have to have a lawyer to file a disability claim.  But should you have a lawyer or advocate look at your claim?  Here's why I think you should. 1.  You must prove disability according to a complicated set of rules and regulations.  Trying to do that without any training or familiarity with the rules is hit or miss--mostly miss. 3.  You cannot examine or rebut Social Security's expert witnesses on your own.  They will call a vocational expert and possibly a medical expert to testify at your hearing.  Someone on your side must be able to cross examine and handle these experts, staying within the rules and regulations. 4.  No one at Social Security will take steps to help win your case or make sure you are not denied.  In fact, Social Security will deny over 70 percent of disability applications.  Are these the people you want to rely on to get your benefits? 5.  Be sure you qualify for the most back pay available.