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IT'S IMPORTANT TO HAVE A PLAN TO WIN YOUR SOCIAL SECURITY DISABILITY APPEAL

Having a plan or strategy is very important to winning your Social Security disability appeal. Judges have very limited time to spend on a case.  They are required to issue up to 700 decision a year, or over 50 per month.  One case may have thousands of pages of medical records and other documents to review.  Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know. Is this claimant insured for benefits? What kind of past work did the claimant do? Does he or she meet a Listing or grid rule? Are there any transferable skills? Does the medical record support the alleged onset date?  If so, where?  These are things the judge must know to decide the claim.  A good representative will read and analyze the medical records, which are the foundation of every case.  The important evidence will be pointed out to the judge.  Are there MRIs or imaging studies to prove the alleged impairments?  Where can they be found q
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BEING DISABLED MAY NOT QUALIFY YOU FOR A SOCIAL SECURITY CHECK!

Having a doctor say that you are disabled may not qualify you for a Social Security disability benefit.  In fact, the very term "disabled" has very little to do with meeting the qualifications. What is more important to Social Security is what kind of work related activities you can still do.  How often can you do these activities?  And what is the underlying cause of your functional restrictions? Also, just having a serious disease or medical condition may not qualify for payments.  It's quite possible to have rheumatoid arthritis, epilepsy, or even cancer and still not qualify for an SSDI payment. However, if you can prove that you can't perform any of your past work OR any other job that exists in the nation's economy, you may be on track to get benefits.  So, you need to establish what the physical and mental demands of your past work were; and that you are no longer able to meet those demands. If your past work required you to stand for 6 hours per da
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WHY CAN'T I GET DISABILITY BENEFITS WHILE I'M STILL WORKING?

Why can't you apply for Social Security disability benefits while you're still working? The logical thinking goes like this:  I am really not able to work but I'm forcing myself to work because it's the only way to feed my family.  I should be able to keep working while Social Security decides whether I meet their rules for a disability benefit.  Once I am approved, I will stop working. Why does Social Security shoot down that argument? Because of federal law. The very first determination that Social Security must make when they examine your claim is, "Is this claimant now working at substantial gainful activity ?"   If the answer is yes, the claim is denied at Step 1, regardless of how old or how sick the claimant may be.  Simply put, the law does not permit a person to apply for SSDI benefits while they are engaged in substantial work activity. DEFINITION OF "SUBSTANTIAL GAINFUL ACTIVITY (SGA)":  Work is substantial and gainful in 2018 if
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CAN YOU CONVINCE A JUDGE THAT YOU ARE DISABLED?

Most disability benefits today happen because the claimant convinces a judge that he or she is not able to work.  This is particularly true for claimants under the age of 50. How do you convince a judge? Good medical evidence is the key .  Review the doctor's records in your Social Security file and see what they say.  If they don't support severe medical problems, you probably don't have a case. Writing down your symptoms can be useful.  Start with the ones that you feel would keep you from performing 8 hours of work each day. Assess you areas of physical and mental function .  How long can you sit and stand without pain?  If you were working, what would your lifting maximum be, in terms of pounds?  Any problems with posturals:  bending, crouching, kneeling, etc.? Think about how your last job ended .  If you stopped working for any reason besides a medical impairment, it sends the wrong message to Social Security.  If you were fired because you could no longer
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WHAT HAPPENS AT A DISABILITY HEARING?

When your Social Security disability claim is denied, you will file an appeal and ask for a hearing before an administrative law judge.  The hearing will last about 45 minutes.  What happens at the hearing?   Here is the typical format: The administrative law judge (ALJ) will explain the purpose of the hearing and how it will be conducted.  He/she will introduce everyone present and place those who are going to give testimony under oath. The judge may allow the claimant's representative to make an opening statement--a summary of the case and the claimant's legal position--why benefits should be awarded. The ALJ will question the claimant. The judge will usually begin by verifying when the claimant last worked.  Employment records and wages are available to the judge. Often, there will be questions about the type of work the claimant has performed over the past 15 years.  One question is common, "Tell me how your last job ended." Then, the judge will ask the
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WHAT AN APPEAL DOES FOR A DENIED SOCIAL SECURITY CLAIM

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When Social Security denies your disability claim, you have only one good option if you want to get paid:  file an appeal. What does an appeal do for you?  Several things. 1.  It protects the original filing date and alleged onset date of your claim, making it possible to get retroactive or "past due" benefits back to the earlier date. 2.  It moves your claim to a special division within the Social Security Administration--where a federal administrative law judge will eventually give you a hearing, evaluate all your evidence, including new evidence, and give you a new decision. 3.  It puts you in the best possible position to get your benefits approved and paid. I think many people see an appeal as a last, desperate measure that has little chance of success.  This is absolutely wrong.  The appeal is your absolute best chance for an approval. In fact, your odds of being approved at the hearing are about twice as good as with the application stage. The research
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SOCIAL SECURITY FOR DISABLED VETERANS

Veterans who have served years in the armed forces often leave the service with a myriad of physical and behavioral impairments.  Common physical problems include back, joint, knee, hip and foot issues which make it difficult to sustain work.  Psychological or behavioral issues include Post Traumatic Stress Disorder (PTSD), anxiety, depression or a combination of these. Military personnel pay into the Social Security disability program during their years in uniform.  If they leave the military with serious impairments, they are entitled to VA disability benefits and Social Security disability (SSDI) benefits.   Some things you should know about  SSDI benefits: 1.  You must apply to Social Security separately.  It's a totally different process than the VA benefits. 2.  The rules for SSDI benefits are similar to the rules for VA disability; however, they are not the same.  For instance, the VA may give you a partial disability; however, with Social Security it is all or none.
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