Getting Approved For Social Security Disability - Do I Need A Lawyer?

byAdvocateScott

429 followers

12 years ago

Greetings again!

One of the most common questions applicants have is whether or not they need a lawyer to win. The answer is maybe.....but maybe not.

Initial applications for disability benefits are denied at a staggering 66% rate nationwide. Only about a third of claimants get approved on the first try. There are many reasons for this, which I'll deal with briefly.

First, and to be blunt, some applications don't even come close to meeting the definition of disability set forth by Social Security. To be even more blunt, because of the seemingly-never-ending recession, some people are applying for disability simply because their unemployment benefits are running out. This clogs up the system.

Second, claims examiners are under intense pressure to deny claims. Put another way, initial applications that are approved are almost always audited internally by management. Denials, on the other hand, are never audited. So, an examiner who approves a lot of claims is certain to be questioned by their supervisor, regardless of the merits of the cases approved. Naturally, claims examiners are interested in job security, so what do you think they are likely to do with most initial applications?

Third, some applications are missing critical medical documentation or statements from doctors. Remember that you must prove, through your medical files, that your conditions present a severe limitation to maintaining full-time employment. If the words "severe", "chronic", or "recurrent" do not appear anywhere in your medical records, the examiner will assume your condition is not any of those.

Now, onto whether legal help should be sought. Remember again that Social Security's definition of disability is a legal one from the Social Security Act. Who is typically most effective at dealing with legal issues? Lawyers, of course.

Unfortunately, Social Security has added one more wrinkle to the whole process. Even if you are found disabled, during the first five months of that status, you are not eligible for benefits. You read that right. You've been deemed disabled, but you still won't get paid until the sixth month of disability.

In case you're wondering, this is why most attorneys won't accept a case prior to you being denied at least once. Attorneys get paid out of your retroactive benefits, and there are typically no retroactive benefits available until you've been denied. The exception to this is if you have been out of work for a year or more, and then file an initial application.

So, it would be a good idea to investigate legal help if you've been out of work for at least 6 months to a year, and then file the initial application. It is absolutely imperative that you seek legal assistance for the appeals process, especially for the "hearing" stage of the process. Much more on that next time.

Until then, all the best!