disability lawyers


What Can You Do to Help Your Chances
of Receiving Social Security Disability Benefits?





This question was recently addressed in a forum and thought that I would make a comment as to what you can do to help improve your chances of receiving Social Security disability benefits.

The individual who responded to the question stated that they received Social Security disability within sixty days of application with no claimant representation. This individual had respiratory problems, anxiety, IBS, as well as other problems, and they mentioned that they had "all the documentation" to support their claim".

I agree with this person in that medical documentation is very helpful in increasing your chances of receiving a Social Security disability benefit. However, all disability claimants are unique, consequently the facts of their disability claim are unique as well.

Most individuals who file for Social Security disability do not have an illness that may result in death such as end stage lung disease. I am sure this individual’s condition was so severe that it met or equaled a listing in the Social Security disability handbook, which led to a speedy allowance of disability benefits.

The vast majority of disability claimants have an impairment or combination of impairments that do not meet or equal any listings in the Social Security disability handbook, so these individuals have the best chance of being allowed through a medical vocational approval. This basically is a disability allowance that takes into consideration an individual’s residual functional capacity (what an individual is able to do in spite of their impairment), age, educations, and work experience to determine if they would be disabled according to guidelines of Social Security disability.

Unfortunately, many individuals are denied Social Security disability benefits even if they have documentation for all of their impairments. These individuals usually have to begin the lengthy Social Security disability appeal process to secure their disability benefits.

I am of the opinion that as long as an individual is capable of filing out their own reconsideration appeal paperwork, they may not need representation at the reconsideration appeal level. Frankly, only ten to fifteen percent of all initial disability claim denials are overturned at the reconsideration level, so there is not much a Social Security representative can do for you except file your appeal paperwork timely.

If your reconsideration appeal is denied, however, you should consider obtaining the services of a Social Security representative to file your request for an administrative law judge hearing. Most individuals are not familiar with Social Security disability law; consequently they are not able to present their claim in a way that increases their chances of receiving Social Security disability. Your Social Security representative will gather all the necessary medical documentation, present your claim objectively, and present the facts of your disability claim in manner that will give you the best chance of winning disability.

Not all disability claimants receive their disability benefits within sixty days of application even with good documentation. And some disability claimants will have to wait a long time to receive Social Security disability even with a Social Security representative. However, if an individual can get to an administrative law judge hearing their chances of winning disability benefits from Social Security are greatly improved.

Recently, I came across some national statistics indicating Social Security Administrative law judges allow about two thirds of all disability claims and that claimants who have representation are about twenty percent more likely to when their disability claims than claimants that choose to represent themselves.








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  • North Carolina Filing for Social Security Disability or SSI

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