Thursday, April 18, 2024

How To Win A Disability Claim

Don't Miss

How The Va Disability Rating System Works

Learn How To Win Your VA Disability Claim!

Your combined VA disability rating percentage is incredibly important.

It could be the difference between receiving thousands of dollars and millions of dollars.

Every service-connected disability will receive a rating of 0%, 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, or 100%.

The higher your VA rating, the more benefits youll receive.

For example, a 10% VA rating is worth just over $150 per month in 2022, while a 100% VA rating is worth more than $3,000 per month.

Your final rating depends on the severity of your disability: the impact it has on your work and life.

However, some disabilities by nature impact you more than others and therefore might garner higher ratings.

Lets Break Down The Statistics

By the time you get to a hearing, youve already gone through two stages of the process: the initial application and the appeal for reconsideration. Statistically speaking, according to the Social Security Resource Center, you only have a 30% chance of being approved after your initial application is submitted. When you submit an appeal, that number decreases even further to 15% approved for reconsideration.

When you get to the third stage, you finally appear before a judge. Unlike the agencies that determine the validity of your disability claim in the first two stages, these judges may operate a little more freely. Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.

Whats The Secret To Convincing This Non

With this particular judge, in addition to good medical records, evidence of inability to function and treatment, you need to show an excellent work history! You need to show the before and after. That is, how you were at work and how you are now.

Your work history will serve to give you credibility. The judge will find you more credible if he sees that you would not be asking for disability if you werent very sick. In other words, no one in their right mind would leave that great job/life if it werent for something really serious preventing them from working.

You May Like: How To Change Va Disability Direct Deposit

Long Term Disability Insurance Claim For Degenerative Disc Disease

Our law firm has extensive experience with long-term disability claims for back pain and immobility due to degenerative disc disease, osteoarthritis, and various disorders of the skeletal spine. We have filed suit on behalf of disabled clients whose disability claims for degenerative disc disease were denied by major carriers including AETNA, The Hartford, and Unum.

You may have purchased an individual disability policy to protect against loss of income should disability strike. These policies are controlled by state contract laws and insurance laws.

Or, you may be covered by your employers group disability benefit plan. Group LTD benefits are controlled by the Employee Retirement Income Security Act of 1974, a.k.a. ERISA. For claimants fighting insurance companies who refuse to pay, this cumbersome federal law actually overrides state laws that protect consumers and work more in favor of insurance companies.

In either case, you need to prove to the insurer you are unable to work under the terms of your insurance policy. Insurance providers often deny credible disability claims for degenerative disc disease and other back and neck disorders, by asserting various reasons including:

  • You are able to work in sedentary occupations
  • There is no basis for the restrictions and limitations imposed on you by your doctor
  • There is no objective evidence of the condition

We Help Applicants Win Disability Benefits

Learn How To Win Your VA Disability Claim!

Whether youre preparing to file your initial application for SSDI or SSI, youve been denied benefits or youre preparing for your ALJ hearing, our team can help ensure your application is a success. Give us a call to find out more about how we can improve your chances of winning Social Security disability benefits.

You May Like: Are Food Allergies A Disability

How Long Does The Social Security Disability Claim Process Take Can I Speed It Up

In short, if you win your disability case, the time it takes to win can vary from 3 months to 5 years or more, and 60% of those who file never get benefits. In other words, for most people, it is a lot harder to win one of these cases than most people assume, and it often take a lot longer than most people assume. See section 1 for details.

There are two sorts of things you can do increase the odds of winning your case earlier: First, if you are even thinking about claiming disability, you should start working hard, right now, to get the strongest possible evidence that you are disabled, because the clearer your disability is on paper, the more likely you are to win the case at an earlier level. Second, there are a few special circumstances that can move you closer to the head of the long line of people waiting for a decision. But dont ask to move ahead until you are positive that your case is ready, or you will just lose faster! See section 2 for details.

Signs You Have Won Your Social Security Disability Claims

We often get the question: “Will I win my Social Security Disability Case?” when claimants are applying for their disability benefits. To be honest, there are some signs that may hint on whether you would win your disability case.

Apart from your eligibility criterion and other conditions you may have met, there also non formal facts such as your judge’s approval date, the severity of your disability compared with other disabled people with disability similar to yours and how it may or may not have impacted them and whether or not your medical record looks genuine enough to prove that your disability does pose a serious hindrance to your day-to-day functionality.

Remember your disability examiner or judge also looks into whether your medical record offers serious proof or whether you would be able to perform substantial gainful activity or not and whether you would be a reliable employee at a simple entry-level job that you can do by working around your disability. For instance, if you previously worked as a bus conductor but are held on a wheelchair now, you could still perform some kind of substantial gainful activity such as being a clerk if you hold enough qualifications for that. So, these are all the things that may or may not tip the balance in your favor.

If you or your loved one needs help with filing for your disability at any point in your application or hearings process, you can avail our counsel 24/7.

Read Also: How To Calculate Disability Retirement Pay

Thoroughness And Accuracy Are Key To Winning Ssdi Benefits

When applying for SSDI benefits, accurately completing all the necessary paperwork in its entirety is essential. Claimants must submit an application and medical forms, as well as extensive supporting documentation. Doing so in a timely manner is important, however, missing a question or forgetting to include a required document could result in lengthy delays in applicants cases. Omissions, errors, and other inaccuracies could reduce the validity of claims, which could result in a denial of benefits.

The Right Legal Guidance Can Make The Difference In Getting Disability Benefits For Parkinsons Disease

How To Win VA Disability Claims for Ankle Injuries

At Marc Whitehead & Associates, we can help you prepare an initial SSDI or LTD application for the best possible outcome. If youve already been denied benefits for Parkinsons, our attorneys will develop and file a solid appeal to rebut a wrongful claim denial.

Our accredited veterans claims lawyers help vets across the U.S. get their rightful benefit payments approved in the shortest amount of time possible.

We have helped hundreds of claimants with Parkinsons disease get disability benefits. and as we analyze your situation, we identify and fix critical information gaps in any of part of your claim including missing medical data or incomplete vocational and functional evidence. We work in cooperation with your treating physicians and may enlist the assistance of qualified vocational experts, and much more.You must never give up. Call us toll free at or request a Free Legal Consultation to learn how we can help. Parkinsons is a serious disability, and we are able to assist you wherever you live.

About Marc Whitehead

Read Also: Reservist Retirement Calculator

Our Disability Attorney In Nj Describe Judges At Your Social Security Disability Hearing

If youre working with a disability attorney in NJ, your application for Social Security disability will be reviewed by an administrative law judge who represents the Social Security Administration . The ALJ works as a neutral researcher whose job is to inquire about your disability and grant benefits if youre disabled according to the Social Security Act.

What Does That Mean An Excuse To Award

This post contains affiliate links. I may make a commission from any purchases you make through these links without any extra cost to you. This is how I make sure this blog is available to help you in your claim journey

That means, even if the judge believes you and wants to award you benefits he still needs to justify to his superiors WHY he awarded you . And the way the judge justifies the award is by noting in his decision that there was enough medical evidence to approve the case.

In this situation, what you need to do is help the judge to approve your case. How do you do that?

By presenting medical notes and records showing that you not only have the proper diagnosis for Fibromyalgia BUT ALSO evidence that shows your inability to function.

In my post about medical records, I talk about the importance of proper treatment to prove you are disabled. Please read that article because it really explains why medical treatment is so important in Social Security cases.

Remember that there are people who work while diagnosed with Fibromyalgia. So what you have to show in your medical records is that you are in such bad shape that you cannot do any activities. Especially because most doctors and even specialists recommend that you do as many activities as possible if you were diagnosed with Fibromyalgia.

As a final thought on this particular judge, the more on board your doctor is to show that you are disabled the easier it is to get approved.

Also Check: How To Increase Your Va Disability Rating

How Can I Speed Up My Va Disability Claim

VA Disability claims can take several years to process and sometimes that creates serious financial challenges to the veteran and his/her family. There are a few ways, however, to accelerate the process of getting a claim determination. If you can document that you meet any of the following criteria, you may be able to speed up the processing of your claim: financial hardship, homelessness, certain illnesses, former POW or award recipients, and/or advanced age.

S To Winning Approval Of Your Fibromyalgia Case

How to Win Social Security With An Invisible Illness

As with all Social Security Disability benefits claims, you must provide ample evidence of the disability through medical records.

The SSA requires that you submit medical records for at least the 12 months prior to your disability claim in order for your diagnosis to be considered a medically determinable impairment.

In addition to medical requirements, the SSA also requires that an individual meet the minimum amount of work credits to qualify for benefits.

We understand that this process may seem daunting, especially when you are trying to make ends meet for your family. That is why Crest SSD is here to help people just like you file for and win a disability claim. We serve as a disability representative during the entire process from completing and filing the application to obtaining benefits.

Complete this form or to get started on your fibromyalgia disability case.



Let Crest SSD Help You File Your Social Security Disability Claim.

Accreditations & Memberships

Serving Clients In:

Disclaimer: We are a privately owned, nationwide advocacy service. Any information you receive on this site is not intended to be, nor should it be construed as, legal advice. Using this website or contacting us does not create any type of legal or fiduciary relationship. Crest SSD is neither affiliated with nor endorsed by the Social Security Administration or any other government agency or entity.

Google Reviews

Recommended Reading: How Much Does Disability Pay In California

Characteristics Of Multiple Sclerosis Make Winning Disability Benefits A Challenge

MS can affect any part of the central nervous system and cause neurologic problems with muscle control and strength, spasticity, vision, balance, gait, sensation, pain, bowel and bladder control, emotional regulation, memory, fatigue, and mental disorders.

Multiple sclerosis can be hard to definitively diagnose. Equally important, while MS continually progresses, the symptoms of it tend to wax and wane.

MS also frequently causes autonomic dysfunction which affects breathing, heart rate, blood pressure, temperature, sweating, and blood glucose. These neurologic problems can lead to cognitive and/or physical defects and disability.

Can A Veteran Increase His Or Her Rating For Degenerative Disc Disease

Its important to look into worsening symptoms and secondary conditions that may have surfaced as a result of the degenerative disc disease. DDD can trigger other conditions including radiculopathy, herniated discs, neurological impairments, spinal stenosis, and more. Claiming secondary or different conditions and combining ratings can result in considerably higher ratings.If the VA has denied your claim or if you have received an unsatisfactory rating decision, you may need someone by your side. An accredited Veterans claims attorney at our firm is an excellent place to start.

Recommended Reading: How To Change Gi Bill Direct Deposit

Do Not Be Discouraged

Many SSDI claims for Parkinsonian Syndrome are initially denied. Yet when represented by a disability attorney, denials often go on to be approved at the ALJ hearing before an Administrative Law Judge.

Our attorneys can give you superior support in pursuing your disability benefits for Parkinsons disease and can represent your claim at any level of the appeals process. We also have the resources that can help a borderline claim based on Parkinsonian syndrome be successful.

Tips For How To Win A Social Security Disability Hearing

How to Know if You Have a Winning Disability Claim

If you are facing a disability hearing with the Social Security Administration , then it is best to schedule a consultation with your NJ Social Security lawyer first. An experienced lawyer will be able to assist you with your case and give you Social Security disability hearing tips. The following information will discuss Social Security disability hearing tips and what to expect during a hearing. Going to your disability hearing can be a stressful event. Often times you have had to wait several weeks or months to have your case heard by the Administrative Law Judge . These following Social Security disability hearing tips will help to get you prepared for your hearing and increase the chances of you winning your case. If you find that you have further questions on the Social Security disability hearing tips, contact your disability attorney to schedule a consultation.

Don’t Miss: How Long Does Ltd Last

Think About Your Va Disability Rating Appeal Like A Lawyer

Before you file a VA Disability rating appeal, dissect your claim like a VA Disability compensation lawyer would. Dont just submit your VA Disability rating appeal mindlessly without a legal strategy.

First, think about your claim are you filing a claim because you were denied service-connection or were you rated too low? File your VA Disability rating appeal to execute the legal strategy you are going to follow. If you were denied service-connection, you are going to want to show the VA why your disability is related to your service. If you were rated too low, you are going to want to show the VA how your disabilities are worse than your rating.

Donât Miss: Is Having Cancer Considered A Disability

Consult A Qualified Social Security Disability Attorney

This may be the most important step you take toward approval of your claim. An attorney who has experience in handling Social Security Disability cases can help you evaluate your case, gather medical evidence and file your claim. An attorney can act as your representative, keeping track of deadlines and communications with the Social Security Administration. If your claim has been denied, they can appeal your case and appear at a hearing before the administrative law judge. According to one survey, 60% of claimants who hired an attorney at some point in filing process were ultimately approved for benefits.

You May Like: How Much Does Disability Pay In California

What Types Of Claims And Appeals Can I Track With This Tool

You can use this tool to check the status of a VA claim or appeal for compensation. Track your:

  • Disability compensation
  • Veterans or Survivors Pension benefits
  • Special monthly compensation
  • Dependency and Indemnity Compensation
  • Burial allowance to help pay for a Veterans burial and funeral expenses

You can also use this tool to check the status of a claim or appeal for other benefits like these:

  • VA health care
  • GI Bill or other education benefits
  • Veteran Readiness and Employment
  • A home loan Certificate of Eligibility
  • A Specially Adapted Housing or Special Housing Adaptation grant
  • Life insurance
  • A pre-need determination of eligibility to be buried in a VA national cemetery

So Why Do You Need Treatment That You Already Know It Didnt Work

How To Win VA Disability Claims for Ankle Injuries ...

Claimants dont realize that this is the essence of filing a disability claim due to a mental illness. Or any illness for that matter. That is, you are filing for disability because the medical treatment failed!

Lets think this through: You want to file for disability because despite all efforts you are not cured of the impairment that prevents you from doing your job, right? And you gave up going to the doctor because the treatment wasnt working. Now you want to file for disability despite not going to the right doctors.

Thats the biggest mistake claimants make. You DO NOT want to stop that treatment. Even if it didnt work.

Especially if it didnt work!

The purpose of continuing the treatment in this particular case is not to cure you since we already know it didnt.

Read Also: Guard Retirement Points Calculator

More articles

Popular Articles