"Social Security is much more likely to deny your claim than to approve it... Do what you can to change the odds on the front end."
Most of my clients who need disability benefits need disability benefits NOW!
They don't have time to wait 24 months.
That's why I try to file a clean, strong application to begin with. I want to avoid the long appeal process, which can take up to 2 years. Now, I can't always avoid an appeal, obviously, since about two-thirds of all applications in Alabama result in an initial denial. But there are things I can do to increase the chances of an earlier approval.
COMPLETE, CORRECT APPLICATION. A full Social Security disability application will consist of about 40 pages of detailed forms. That's a lot of paper! This will include a very detailed Function Report, Disability Report, Work History Report and possibly other questionnaires. These must be completed fully (without skipping a single line).
It is very important to list the name, address, phone number and dates of service for every doctor, counselor, therapist, emergency room, hospital, physical therapist, surgeon, pain clinic or other provider. I was recently hired by a claimant who has just been denied. In review her denial, I find that she has 6 doctors. She only reported 1 of them to Social Security on her application. Therefore, Social Security made a decision by reviewing only about 15 percent of the available medical information!
Unlike some advocates, I want to be involved in filing the initial application. I don't want to wait until you've been denied to get involved in the case. Of course, not all applications will be successful; but I do want to give you the best chance possible by helping submit a clean, complete application.
DESCRIBE YOUR SPECIFIC LIMITATIONS. Federal regulations require specific things in order for disability benefits to be awarded. In your application, you should describe specific limitations on daily activities and functions.
USE THE REGULATIONS IN YOUR FAVOR. If you meet one of the published Listings, provide documentation for it. If a finding of disabled is directed by one of the Medical-Vocational Guidelines, enumerate the criteria and cite the medical evidence supporting them. In short, use the regulations regarding age, education, previous work history, and residual functional capacity to argue for disability. You must show that you meet the definition of disability "according to our rules," as they say. Find out what the rules are and make them work for you.
Many claimants "file some papers and hope for the best." This rarely works out in their favor. If you are not confined to bed or have a terminal illness, Social Security is more likely to deny your claim than to approve it. Go into the process understanding this and try to improve your odds.
SERVICES OFFERED BY THE FORSYTHE FIRM - HAVE A LOOK
Your representative can't charge you a fee for any service performed unless you win your case and collect retroactive benefits, or "back pay." If he wants a fee, he must produce results. This protects the claimant/client, as it should.
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