1) Get your doctor on board. Ask him or her if you are sick enough to be disabled. If he says yes, ask him to complete a Medical Source Statement that details why you can't hold a full-time job. Submit this with your application.
2) Complete all of the tedious forms that Social Security will mail you after you file the application for benefits. Fill out these forms accurately and completely without skipping answers or pages.
3) Remember that Social Security bases approvals more on restrictions in work activity than they do on illnesses or conditions. For instance, having cancer that requires radiation may or may not be disabling under Social Security rules. However, the symptoms of fatigue, pain, or difficulty maintaining concentration, persistence or pace may clearly be disabling under their rules. Likewise, requiring 2 or 3 extra ten-minute breaks per day or being absent from work more than twice per month on a regular basis could be disabling. Try to explain your impairment in terms of how they would affect your work. Also, when you describe symptoms, think in terms of severity, frequency and consequences. Not just "I have headaches," but "I have severe headaches 3 or 4 times per week that require me to lie down in a dark room for several hours."
4) Be sure you are getting and following medical treatment for your impairments before you file for Social Security. The law requires Social Security to document a claimant's symptoms using "medical determinable, objective medical evidence." This means, doctors or other acceptable medical sources must provide objective evidence that you have severe impairments that could cause the symptoms you describe as disabling. If an applicant claims disability because of back pain but there are no X-rays, MRIs or other tests showing a reasonable cause for back pain, Social Security will likely not approve a claim.
5) Keep in mind that applying for disability and being denied are just the first, initial steps. The next and most important steps are to file an appeal, appear before an administrative law judge at a hearing and prove your case. Most claims that get paid are the ones that appeal a denial and have benefits awarded by a judge. That isn't the exception, it's the rule.
An attorney or qualified non-attorney representative can make all the difference in your appeal. These professionals have learned the laws, regulations and procedures used by the Social Security Administration. They have passed rigorous examinations in the area of Social Security disability law and have gained years of practical experience appearing before US administrative law judges on behalf of claimants.
Occasionally, a claimant will appear at a hearing without representation. The judge will usually advise the claimant to seek counsel and will postpone the hearing until a representative can be appointed. If representation has been obtained early in the process, there is an advantage because the representative has had time to prepare the case, study the claim and present evidence to support an award (payment).
"Most claims that get paid are the ones that appeal a denial and have benefits awarded by a judge. That isn't the exception, it's the rule. If you give up without an appeal, you lose--it's just that simple"
The Forsythe Firm
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
PHONE (256) 799-02978
No comments:
Post a Comment