IMPROVE YOUR CHANCES FOR SSDI BENEFITS

The odds of winning a Social Security disability claim are better than the odds of winning the lotto, but they aren't great.

At the initial level, a whopping 72 percent of claims are denied.  The main reason given is:  "You are not disabled according to our rules."

The odds get better at the appeal level.  In 2017, an average of 42 percent of appellant cases received awards.

What I really want to talk about is:  What can you do to improve your odds of winning SSDI benefits?

1.  Be sure your medical evidence is complete and up to date.  The only way Social Security can judge your claim is by what it has in the medical record.  You may be disabled, but if the medical evidence isn't there to prove it, you will not be awarded.  Be sure to give Social Security the names and addresses of every single doctor, emergency room, specialist, hospital, clinic, psychologist or counselor you have seen.  Go back at least 3 years with these records.  Remember, if you don't list the doctors Social Security won't contact the doctors.

2.  Get one of your doctors to document your functional limitations on a form approved by Social Security.  It isn't enough to prove, for example, that you have rheumatoid arthritis.  You must prove that RA prevents you from working.  To do that, the doctor needs to state how long you can sit, stand, walk; how much weight you can lift repeatedly, what your restrictions are for reaching, handling, feeling, grasping, etc.  Doctors do not have the form you need.  You may be able to download it from the internet.  It's usually called a Medical Source Statement or a Residual Functional Capacity Statement.  My office will provide you a free copy upon request--and I'll make sure you get the appropriate form (since there's one for physical conditions and one for mental conditions; plus, there are specific forms for headaches, fibromyalgia, etc.).

3.  Get an attorney or qualified non-attorney advocate.  There are some things you can do yourself but Social Security disability is not one of them, especially if you are headed to an appeal before a federal administrative law judge where technical proof is required to be successful.  These individuals stand before administrative law judges every day, they know the evidence that is required and they can prepare a case that has a good chance of success.  If your case simply has no chance (or very little chance) they will tell you what must be done to improve the chances.

Statistics support the idea that hiring an attorney/advocate (a "representative") is a good idea. The Social Security Advisory Board found that people who had an attorney at the initial application stage were more likely to be awarded benefits. (SSAB, 2012). And the Government Accounting Office found that people who had an attorney at their hearing were more likely to win their case. (GAO, 2003).
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The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
"Across From Bridge Street"
Huntsville, AL 35806
CALL US:  (256) 799-0297

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E-Mail Me:   www.forsythefirm.com



Representatives cannot charge you a fee for any work they do unless you win the case and collect back payments.  If you don't win, or never collect any back pay, the representative works for free.