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In part I of this article (Disability Denied), we explained that most social security and SSI claims for disability benefits are denied sometime after an application has been taken. In other words, statistically, the deck is stacked against most claimants. As this is the unfortunate reality of the SSA disability program, individual claimants should not worry too much about having their disability denied, particularly if the denial has occurred after an initial application has been filed. In fact, an SSDI (social security disability insurance) or SSI claimant should not be overly concerned even if the denial occurs after the filing of a reconsideration request (the first level of the appeals process, though this specific appeal level may be removed at some point in an attempt to streamline the social security disability process) since most reconsiderations are denied also. What should a claimant who has had their disability denied do? As we discussed in the first part of this article, an applicant for benefits should not panic or become despondent upon receiving a notice of denial. What a disability applicant should do instead is 1. consider finding a qualified and experienced social security attorney to handle their claim and 2. file the necessary paperwork for whichever appeal is appropriate. Obviously, the appeal forms should be completed well within the sixty day deadline that SSA allots to appellants (ideally, you should file for an appeal the same day you receive the notice informing you that you have been denied). There is simply no reason to add any more time to your case than will occur naturally (and if you've been through any portion of the disability process, you already know that lengthy wait times are an inherent part of it). However, if you do retain the services of an attorney for your social security or SSI disability claim, the appeal paperwork can be left to this individual which, for many claimants, will remove a fair amount of anxiety and worry from their shoulders. Of course, in addition to getting the proper appeal requested, and possibly obtaining the assistance of a disability attorney, a claimant who has had their disability denied may wish to consider what they did--or did not do--on their denied claim. For example, on the application for disability, did the claimant indicate all known sources of medical treatment, including the addresses of providers (hospitals, clinics, and doctor's offices), the names of physicians providing treatment, and the dates of treatment? This type of information is extremely important (how could it be otherwise when you consider the fact that a disability approval or a denied claim will result mainly from the review of a claimant's records). Yet despite this, an inconceivably large percentage of SSI and SSD applicants fail to provide complete and accurate treatment information on their applications. Certainly, a claimant who has had their disability denied and is now in the process of filing an appeal may wish to be especially detailed when it comes to indicating treatment sources on the appeal forms. Another aspect that may be worthy of consideration is the quality of a disability claimant's medical records. And by this we mean how substantial and/or detailed a claimant's records are. How can a patient have any effect on this? Well, while it is true that 90% of this factor falls entirely within the purview of one's personal physician (in other words, a patient will have little, if any, influence, over what a doctor writes), it is also true that a claimant can mediate the quality of their records. How? By maintaining regular visits to a doctor and communicating to one's doctor the limitations caused by one's illness. For example, a patient with a severe back condition should probably point out to their physician their inability to sit or stand for prolonged periods, or their inability to perform certain tasks. Provided that the doctor records such complaints into his or her treatment notes, this patient-provided information will then become "medical record documentation". Having a claim for disability denied can be stressful and anxiety-provoking. However, it by no means dictates that a social security disability or SSI claim will ultimately be denied. As always, the best course of action for an applicant who has had their disability denied is simply to not give up (in other words, get a lawyer and appeal the denied claim). Disability Advocates Help with Claims Free Case Evaluation How long do you get disability benefits after you are approved? Why will social security stop your disability benefits? Getting a congressman to help on a disability case |
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SOCIAL SECURITY DISABILITY SSI LAWYERS ATTORNEYS ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 3 ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 4 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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