Thursday, September 29, 2022

What Is The Best Way To File For Disability

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Applying For Disability: Ssi And Ssdi

When is the best time to file for STD or LTD disability insurance benefits?

Did you know that you can submit an initial application for disability benefits on the internet, over the phone, or in person at a local Social Security Administration office?

Assuming you filed everything correctly and the SSA can easily gather your medical records, you should receive a decision within five months. If you make a mistake on the application, or your application gets lost in the masses, you may need to wait a year or more to hear back from the SSA regarding the decision of your application.

If the SSA approves your claim, your benefits should begin within a few months. If you waited for more than five months to get approved, you will be awarded back pay on top of your monthly benefits.

Back pay is a lump sum of the total amount of monthly benefits you should have received had your application been processed in a timely fashion. Additionally, if you waited to apply for disability benefits but were too ill to work, you could be entitled to additional past-due benefits known as retroactive payments. Depending on how long you wait to be approved, you could be entitled to a five-figure back pay settlement.

But what do you do if your claim is denied? Fortunately, you dont have to give up. The SSA has a thorough appeals process available for the qualified applicants whove slipped through the cracks.

How Many Times Can You Apply For Social Security Disability Benefits

Unfortunately, obtaining SSD benefits can be a lengthy, often trying process. There may be more than one application for benefits, plus the appeals process has four levels that can take a significant amount of time. While this can all seem very disheartening, when your physical or mental limitations prevent you from earning a living, it is important not to give up on the process. Once you are approved for SSD benefits, those benefits will be backdated to the time of your initial application, so you will have an initial lump sum, along with your monthly disability payments.

There is no limit on the number of times you can apply for Social Security Disability benefits, however, it is almost always a better idea to go through the appeal process rather than submitting a new application. Often, the submission of a new application can be a waste of your time and effort consulting a disability attorney to help you with the appeal process can be another step. If you do decide to reapply after a denial of your initial SSD application, timing is everything. Disability examiners who review SSD applications are required to follow very strict guidelines, therefore, if nothing has changed regarding your claim since the last time you filed, your chances of receiving another denial are significant.

What To Do If Your Disability Claim Is Denied

If your disability claim is denied, you are not alone. Most disability claims are denied during the initial review. When your disability claim is denied, the SSA will notify you in writing. They will tell you why your claim was denied and how long you have so you can file an appeal. If you wait too long, you will not be able to appeal, and you will have to start your claim all over.

The letter will tell you while your claim was not approved, and you can talk with your attorney about that. Your lawyer will know what additional information is needed to show that you are disabled and to help you get your claim approved. You may be able to gather the needed documentation and evidence that Disability Determination Services needs to review to determine if you are disabled.

When you file your appeal, you will want to include any medical records or supporting documentation that was not previously submitted. The more information that you can provide, the more likely you will be able to get your claim approved. The disability examiner needs to be able to fully assess your situation and determine the severity of your medical issues. With the proper documentation, he or she can determine if you are able to work and earn a living.

Through this process, the judge should be able to determine what kind of work you can do â if you can work at all.

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List Your Diagnosed Medical Conditions

As part of the SSA’s requirements for Social Security disability insurance benefits or Supplemental Security Income , you must be diagnosed with a medical condition by a licensed doctor or psychologist. In addition, to be evaluated for disability, this impairment must have more than a slight effect on your ability to perform work.

If your medical records are not that lengthy or comprehensive, by submitting a medical source statement to Social Security, your doctor can show exactly what medical conditions you have been diagnosed with. Moreover, the doctor can explain what symptoms and limitations you are experiencing from your impairments. The failure of the SSA to properly consider all of your impairments can be a strong basis for any future disability appeal, so it is good to have them all documented in your claim file.

Approval Rates For Denials

How To Organize Important Documents (Updated Filing System ...

Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.

Fortunately, the Social Security disability benefits program offers a comprehensive set of appeals guidelines that have a great success rate.

When you appeal a decision, the understanding at that point is that you truly believe you qualify for disability benefits. You might go back and review your medical documentation to ensure that you have provided everything that the SSA needs to make an informed decision.

In some cases, new information has presented itself since you initially filed, and this new information can help to make your case even stronger.

The reality, though, is that your initial request for reconsideration goes back to the SSA so this appeal level only has an average success rate of 13.8%.

The best chance for a successful appeal comes at the disability hearing level, where you have the chance to speak with an administrative judge about your condition. You are able to bring witnesses who can support and corroborate your claims. There is an average success rate of 62% at this stage.

The two remaining levels are the Appeals Council and taking the case to federal court. The Appeals Council approval rate is about 13% and only 40% of federal court cases receive favorable decisions.

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What Can I Do To Improve My Chances Of Winning Disability Benefits

applying for disabilityimprove the chances of winning disability benefits1.filing a claim for SSD or SSI2.Your doctor’s opiniondisability application3.4.Social Security Disability Status5.application for disabilityWhen it makes sense to get a lawyerdisability representative or lawyer to present the casewinning disability benefits the first timeMost popular topics on SSDRC.com

How Carmichael Law Group Can Help With Your Social Security Disability Application

The process of filling out paperwork for a disability application can be confusing and overwhelming. The Social Security Administration will require a significant amount of information from you to support your claim for disability, proving you qualify for benefits. An experienced disability attorney from Carmichael Law Group can help ensure your application is complete and accurate. Contact Carmichael Law Group today to learn more about how to apply for disability benefits.

Contact us today for your FREE initial consultation.

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Applying For Ssdi Post

When youre submitting a claim for SSDI, be sure to provide as much information to your doctor as you can. This can help with the documentation of your disability in your medical records. If you feel comfortable scheduling an in-person appointment, that is the best option, but even if telehealth is the route youre most comfortable with, make the most out of the appointment by going over your symptoms and any other relevant information with your doctor in detail.

When more information becomes available about the long-term effects of COVID-19, the types and severity of illnesses will determine each individuals eligibility for disability insurance benefits. But the quality of medical evidence about your condition is a significant determinant of whether you will be approved or denied for Social Security disability benefits, and telehealth visits cant provide the same quality of evidence as in-person assessments.

Along with the uncertainty surrounding COVID-19 long-haulers and the factors important for processing their disability claims, the pandemic has made it more difficult for the Social Security Administration to operate at peak efficiency and productivity. Many SSA offices remain closed or only offer limited appointments, and there have been processing delays for SSDI as a result.

What Does It Mean For A Lawyer To Be Board Certified

NY Attorney Explains how to File for Social Security Disability over the Phone or With an Attorney

In Texas, we have a board certification process for attorneys that can apply if they have a certain competency level, and if they have a certain education level, and experience level in different areas. One of those areas is Personal Injury. A subset of Personal Injury law is Disability Law, and I have board certification in that area, which only about 3% of Texas attorneys have.

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How A Kentucky Disability Lawyer Can Help You

Suffering a disability is difficult enough. You shouldnt have to also go through an extremely long and difficult process to receive the benefits you need to pay for medical treatment and daily expenses. However, if you want to receive Social Security Disability benefits, thats exactly what youll need to do. But you dont have to do it by yourself.

At Morgan, Collins, Yeast & Salyer, our Kentucky disability attorneys can help. We can assist with your initial application and, if youre denied, prepare for the appeals process. Well advise on what you can expect during your hearing, and give you the best chance of success during it.

If youve suffered a disability, dont go through this process on your own. Contact us for your free consultation to learn how we can help you start the process of receiving disability benefits.

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  • What Our Clients Say

    My son and I got hurt in a car accident. The insurance company took too long to pay our claim. We hired Kyle to help make the insurer pay our claim. Kyle was able to get us signicantly more money for waiting on the money we eventually got paid. I really appreciate what Kyle was able to do for our family.

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Option #: Supplemental Claim For Increased Rating

The Supplemental Claim for Increase when used to challenge a ratings decision within one year is filed using VA Form 20-0995. The only difference between a supplemental claim for increased rating filed within a year of the most recent VA ratings decision on that same condition and a supplemental claim for increased rating filed more than a year after the most recent VA ratings decision on that same condition is that the supplemental claim for increase filed within a year of the last VA ratings decision is considered continuously pursued and could lead to an earlier effective date.

Technically, you are going to be adding new and relevant evidence to a claim, and you are going to want to use VA Form 20-0995 to file this claim .

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Getting It Right The First Time

To improve your chances of a successful claim, make sure to gather as many of your medical records as possible in advance of filing your claim. “How long this process takes is opaque to the claimant,” said Dunn. “It’s possible will make a decision while you’re waiting for these records to be sent.” You want them to have as full a picture of your condition as possible, right from the start.

Claims examiners want to see that you’ve received medical care for your condition regularly and recently, said Laurence, who is also the editor of DisabilitySecrets.com. Good medical records help establish both the seriousness of your condition and how it has impaired your abilities. “The doctor’s opinions about your limitations can make or break a claim,” she said.

It helps to have your doctor fill out a residual functional capacity form detailing your limitations and prognosis. Include that with your initial SSDI application, said Laurence.

If you do get denied, you have to act on requesting an appeal quickly, within two months.Stephen Dunn

What Im Saying Is You Need To Watchhow You Are Answering Those Questions

Disabled Parking What is the Best Way to Apply for Your ...

You cant leave any room for interpretation that your activities can be done full-time!

Lets answer question 6. above the correct way so you see what I mean:

To recap, the question was Describe what you do from the time you wake up until going to bed.

Here it goes:

It takes me at least 2 hours after waking up to get out of bed. I am completely stiff in the morning and exhausted. I was awake half the night with pain. I go to the bathroom and it takes at least 30 minutes to brush my teeth. I have to take breaks because of my back .

When Im done with the bathroom, I try to eat something for breakfast if its ready. Other times, all I can make is instant coffee. Taking the milk out the fridge is too heavy for me to have cereal. On a good day, I try to drive the kids to school but my husband takes them. Or the kids walk to school.

After breakfast, I take my medications. Then I take a break to rest until the medications kick in. I usually turn on the TV for noise but Im mostly lying down with my eyes closed.

When I feel a little more rested, I try to wash the dishes but I can only wash a couple of plates and I have to sit down or lie down again. For lunch, I eat leftovers or a sandwich. Then I need at least a two-hour nap because my medication knocks me out. When the kids arrive from school I ask if they have homework. They mostly do it themselves. My husband prepare dinner and after dinner, I go to bed exhausted.

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Information We Need About Your Work And Education

To decide whether you are disabled, we use a five-step process. Listed below are frequently asked questions about Step 4 and Step 5 of the process.

We need to find out about your past work to decide if you can still do it. To make this decision, we need to know how you did your job. We also need to know if you learned skills on your job.

We need this information to see if you can do any of your past work. Remember that you are not disabled according to our rules unless your illnesses, injuries or conditions prevent you from doing your past work or adjusting to other work.

Information about your education and training are also very important to us. If you cannot do your past work, we look at your age, education, training, and work experience to see if you can do other kinds of work.

Disclaimer: The following is general information only. The Social Security Act and related regulations, rulings and case law should be used or cited as authority for the Social Security disability programs.

What Are Social Security Benefits

Social Security benefits are benefits that most people think that you get when youre 65. However, the Social Security Act also includes situations when one becomes disabled. So if one becomes disabled before age 65, then they can apply for SSthey can apply for retirement, so to speakon the basis of disability.

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Your Disability Must Specifically Make You Unable To Perform Your Usual Job Duties Regularly For 40 Hours A Week

This is one of the trickier disability secrets, since some jobs are easier to do than others once youre disabled. But if you can still perform the tasks listed in your job description, you likely wont qualify for monthly benefits. Under the Americans with Disabilities Act, your employer must provide Reasonable Accommodation for disabled employees.

One of the biggest disability secrets people ask about is, How can I prove Im disabled during my DDS exam? The answer is simple, actually! If you drop a pencil on the floor and cannot pick it up without help, youre disabled. And if you cant walk across a room without assistance, youre disabled. Finally, if you must alternate sitting and standing throughout the day or cannot lift anything heavier than 5 lbs., then youre disabled. Of all disability secrets we know, this one may be the most valuable!

The Benefits Of Getting Legal Representation

The 4 Best Ways To Apply For Social Security Disability â MA Attorney Patrick Hartwig explains

You can have an attorney or advocate represent your case at any stage of the process. Because the application process is so overwhelming and confusing for many applicants, you may want to speak with a disability attorney before even applying.

Having a the aid of an advocate or attorney who practices Social Security Disability law can go a long way in increasing the chances of your claims approval. An attorney or advocate can help you in numerous ways, from ensuring your application was filled out correctly, to submitting new medical evidence to the SSA, to defending your claim in court if needed.

Finally, if youre worried about affording an attorney, you should know that an attorney or advocate is not paid unless you win your claim. If you win your Social Security disability claim and you are entitled to back pay, an attorney could receive 25% of your back pay, or $6,000, whichever is less. You will never need to pay an attorney out of pocket, nor will your monthly benefits be affected by working with an attorney.

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