Wednesday, November 7, 2012

BEST WAY TO GET SOCIAL SECURITY DISABILITY

I am often asked about the best way to get approved for Social Security disability.  If you have a legitimate disability that is expected to prevent work for at least 12 consecutive months, here is the only way to be approved.

First, file an application either online, by phone or in person at your local Social Security office.  You can call 1-800-732-1213 for more information about applying.  Be sure to complete all of the additional forms that you will be sent after your application goes in.  Expect a 70 percent denial rate which applies to all applications.  A denial does not mean that you cannot get disability benefits.  It means you will have to move on to the next level.

The next level is an appeal and this involves a hearing before an Administrative Law Judge (ALJ) - who is a special judge who hears Social Security appeals.  It will probably take a year or more to get before this judge, so patience and persistence is very important.

As with any legal proceeding, you must prove your case before the judge.  It is not as simple as going in and telling your story.  Disability hearings are guided by hundreds of rules and regulations and there are certain burdens of proof that you must meet.  Some forms of evidence are acceptable and others are not.   You will need both medical and vocational evidence.  In addition to proving that you have certain conditions, you will also have to prove why these conditions make it impossible for you to perform any work.

The outcome of your appeal will be affected by the type of work you did in the past, your education and skill level, your age and your residual functional capacity (RFC).  

In my opinion a trained and experienced disability advocate or attorney will be a tremendous asset in helping win your case.  Trying to do it alone is kind of like trying to land a Boeing 747 without any flying lessons.  You just might - but the odds are against it.  An advocate or attorney cannot charge you a fee unless you win with payment of back benefits.
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Charles W. Forsythe works for the Forsythe Firm in Huntsville, AL.  (256) 799-0297 or toll-free at 1-855-854-2274.

Learn more about help with Social Security disability 


Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.   More about NoSScr at

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