social security disability SSD Disability

A blog by a former social security disability claims examiner about social security disability and SSI Disability issues and questions, but also general, health, and medical news.

Wednesday, October 8, 2008

Help for a Disability Claim

The process of filing a claim for social security disability is a daunting task for anyone, and even more so for those who are suffering from a physical or mental impairment. It’s only natural to look around for guidance when filing your claim, but it’s important to realize that there are really few individuals who know any more about the disability determination process than you yourself.

Many people who file for social security disability (SSD) or supplemental security income (SSI) rely heavily on information that they receive from social services about filing a disability claim. In actuality, employees of the Social Services Department can offer you very little real direction in this matter, other than perhaps relevant phone numbers to your local social security and disability determination services (DDS) offices, or perhaps a ride to an interview with your claims rep or to a consultative exam if you have no transportation. There is a tendency among those who have never worked for the government to assume that every government agency knows at least something about the workings of other government agencies, but this is a dangerous and false assumption.

Social services employees are not employees of the state disability determination services agency, and are simply not trained or knowledgeable in the area of disability law. So, if you are relying on a social services employee to help you file your claim, you are probably making a mistake. You are better off consulting with a friend, relative or even an acquaintance who has past experience filing for disability, or making use of the wealth of information on the internet to educate yourself about the process (a really good idea).

Of course, if you decide to file for disability you canschedule an in-person appointment with a social security representative and file your claim in person. An in-person interview will provide you with an excellent opportunity to ask any questions, and to make sure that the claims rep (CR) has all the paperwork necessary to file the claim.

However, many applicants don’t know what questions to ask, and, unfortunately, social security offices try to keep the time invested in an interview to a minimum, so you may leave that meeting without all the information you need to make good decisions regarding your case. The fact that so many disability applicants have no real understanding of the way the disability system works is evidenced by the number of people who think that if their initial claim is denied their best bet is to file a new claim with DDS and hope that they somehow get a better result the second time around. Not only is it almost always a better idea to appeal a denial than to file a new claim, but your chances of winning benefits increase at each level of appeal; something they rarely bother to tell you at your social security interview.

So, if you want or need help filing your claim for SSD or SSI, make sure that the person you are relying on for information has a real, working knowledge of the social security disability determination process. You will need to know exactly what type of medical information is required to support your claim, what deadlines must be met, what your options are if your claim is denied, etc. If you know someone who can supply you with this type of information for free, then by all means take advantage of their past experience.

However, if you need help filing a disability appeal or preparing for a hearing before an administrative judge, you really should consider getting advice from a disability attorney or non-attorney rep. It’s also important to look for legal counsel specializing in disability cases. A general attorney who represents only a few disability clients per year may not be up-to-date in his or her knowledge of the latest developments in disability law, and may not be familiar with the disability judges in your area who will hear your appeal.

When you retain an attorney, you are paying for their legal education and experience, and you need someone who has spent enough time in front of disability judge to be a strong and effective advocate for your case.







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    Social Security Disability Prior Posts

    Social Security Disability Secrets Blog
    Eligibility for disability benefits
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    Qualifying for disability on the first application
    Winning your Social Security Disability
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing




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