Sunday, March 22, 2020

HOW TO WIN YOUR DISABILITY CASE AND GET PAID

Among the individuals who win Social Security disability, there are several factors that stand out.  I've made of list of these outstanding features from winning claims:

1.  Get your doctor's support.  If your doctor will not support your disability claim, that tells you that you have  a problem right away.  Social Security will rely very heavily on what's in your doctor's records to judge your claim.

2.  Be specific in telling Social Security why you can't work.  The following are specific:  I am limited to standing 20 minutes, sitting 30 minutes and lifting/carrying no more than 10 pounds.  The following are non-specific:  back pain, leg pain, headaches, nervous disorder and stomach trouble.

3.  Provide great detail about your past work.  You will be provided a form titled "Work History Report."  Fill out this form in exhausting detail.  Some of the questions won't seem important or won't make sense.  They are important.  Most claimants skip this form (and most claimants don't get paid).  Get someone to help you if necessary but complete the Work History Report to ad nauseum.

4.  Provide a complete list of every medical provider you have seen within 18 months.  Social Security will only contact the doctors and providers you tell them about.  Give them the complete name and mailing address of all your providers.  WRONG:  Dr. Jones, Blissville, AL.  RIGHT:  Dr. Seymour J. Jones, Happiness Medical Practice of the Valley, 2221 Sunshine Drive, Suite 103, Blissville, AL 35555.  If you don't have any medical providers, you may have trouble getting Social Security benefits.

Consider whether you need to obtain more medical treatment before you file a disability claim.  Social Security regulations require evidence of a severe and medically determinable impairment before benefits can be awarded.  If there is no medical diagnostic studies and/or treatment, benefits will most likely not be available.

5. Be sure to appeal a denial within 60 days.  When I file a new claim for someone I assume it will be denied because about 85 percent of them are.  I assume I will have to appeal to win.  And I'm usually right.  Social Security will seldom get it right the first time.  Don't expect them to.  Appeal your claim and seriously consider hiring someone who knows how to win appeals.  That means someone with extensive experience in Social Security disability appeals.



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