MY DISABILITY CHANCES - WHY SO POOR?

What are the odds of being approved for Social Security disability benefits on the first try?  Why are the odds so poor?

In Alabama your odds of approval are 29.9 percent on the application level. That's using the latest statistics available for 2011.

Why are the odds so poor?  There are several reasons and I have space to address only a few.

ATTITUDE:  Social Security believes that people will lie or exaggerate to get disability benefits.  The attitude therefore is not being sure that everyone who deserves disability benefits get them--but making sure that nobody gets benefits who doesn't deserve them.  It's an exclusive process by design.

DEFINITION:  Social Security's definition of disability is also very exclusive.  In a nutshell, you must be unable to perform any of your past relevant work and any other work.  In short, if you can do anything full-time for pay then you are not disabled under Social Security rules.  So the definition is also very restrictive.

PROCEDURE:  A claims specialist must examine the medical records of a person she has never met and determine if he is completely unable to work.  She will rely upon doctor's treatment notes - which were never intended to prove disability.  Doctor's and hospitals put only the bare essential, short version of medical history into a patient's chart.  The records almost never say anything about vocational restrictions - the ability to perform work related activity or the lack of ability to function in the workplace. So if this is all the claimant has, it is set up for a denial - unless the claimant suffers an almost catastrophic or fatal illness.

Sometimes an attorney or professional advocate can improve the odds by knowing the kind of information that is needed and taking extra efforts to obtain it.  This extra evidence might include medical source statements, letters, vocational rehabilitation records or affidavits from former employers, friends or family members.  In the end, about 70 percent of applications will be denied and require an appeal hearing.  This is where an experienced representative or attorney can be most valuable.  I advise persons headed for a hearing not to go unrepresented.  If they don't want to hire me, I advise them, hire another experienced representative - but don't go alone.