HOW TO GET DISABILITY BENEFITS APPROVED

This post will explain the best way to get Social Security disability approved.

Disability benefits are difficult to get approved--and getting more difficult all the time as Social Security tightens down the rules to keep people off the rolls.  There are things you need to know to get approved.

# 1:  Being convinced that you are disabled does not matter.  Everyone who applies for disability is absolutely convinced that they are disabled and entitled to a benefit.  Most of these individuals are denied.  So, what matters?  Medical evidence is really the only thing that matters.

#2:  Medical records may not be enough.  If you are age 50 or over and have very serious impairments documented by long-standing medical records, that may be enough.  But if you are the average claimant, under age 50 and do not have a catastrophic illness or injury, you probably will need more.  See # 3 below.

#3:  You need a Medical Source Statement (MSS).  This is a specific form signed by your doctor which gives the doctor's opinion about your ability to perform specific work related activities, such as sitting, standing, walking, lifting, carrying, reaching, pushing-pulling, etc.  A good MSS form will cover exertional and non-exertional functions, including time off task, need for extra breaks, absences, ability to concentrate, etc.  This form can make all the difference.

#4:  Even with the best medical evidence, you will probably still be denied at the initial (application) level.  Statistics show that up to 75 percent of applications are denied.  This is because Social Security decision makers believe that most applicants are not disabled according to their rules.  When in doubt, they deny--and let the appeals process sort out their mistakes later.

#5:  An "appeal" is the same thing as a "request for hearing before an administrative law judge," at least in Alabama.  You may read on the internet about the "Reconsideration" process.  But in Alabama there is no such thing.  From an initial denial, you go straight to a hearing by an administrative law judge.  This is a good thing because less than 5 percent of denials are changed by "Reconsideration" in the 40 states that still use that useless process.  Reconsideration is a waste of time.

#6:  Even with good medical support, you must be prepared to actively engage Social Security at your hearing--using their own rules and regulations to prove that you are legally entitled to benefits.  It is a dangerous myth to believe that showing up and telling a good story to the judge will get you approved.  Believing you are disabled and PROVING you are disabled are two different things entirely.  A hearing is a legal and technical event where a skeptical judge will examine facts ("just the facts") and apply hundreds of federal regulations to determine the outcome of your case.  Just because the judge believes that you are disabled will not be enough to get you approved.  You have to show how the federal regulations support approval.

Some people read that a hearing is "non-adversarial" and "informal" and believe that a good story is all you need to convince the judge.  Not true.  Most judges will look for holes in your story, contradictions, and application of complicated rules to find a way to deny your claim.  The successful claimant will overcome all these obstacles and win anyway.  That's why the award rates are so low.  Today, only 42 percent of hearings turn out with an award for the claimant.  58 percent are denied, on average.  That number, by the way, has fallen by 27 percent since 2009, and continues to fall every year.

Judges who have high award rates (pay too many claims) are being "re-trained" to reduce their award rates.  Face the facts and realize that winning your disability hearing will require skill, expertise and knowledge.  That's why over 90 percent of claimants at the hearing level have legal representation.  And that's why they should.  It is foolhardy to walk into a legal proceeding by yourself where the odds are so heavily stacked against you.  Even the judge will offer to postpone your hearing so you can obtain legal representation.  There's a reason for that.

"I don't want to run up a big legal bill, then lose my appeal anyway."

You won't.  You can't.  Federal law prohibits and attorney or representative from charging you a fee unless:

a)  Your case is approved, and also
b)  You are awarded back pay.

The legal fee comes out of the back pay.  If there is no back pay, there cannot be a fee.

Are you convinced that you are disabled?  That's the first step.  The next, most important step, is to put together a legal case that will convince a judge with medical, vocational and legal FACT. 

HOW TO GET DISABILITY BENEFITS