Social Security Disability Benefits Publications

The government’s own rules are blocking people from getting off of disability

According to the most recent survey of disability insurance beneficiaries, 40 percent want to return to work. However, in any given year, only .5 percent successfully re-enter the workforce. That’s largely because Social Security’s complicated rules stand in the way, and that’s not right.

Mick Mulvaney, a back-bench Tea Party fanatic until the president* put him in charge of the Office of Management and Budget, has been out there defending the proposed federal budget and, in doing so, opening the window wide on how we hardworking taxpayers—and our grandchildren yet unborn—are being played for suckers by the old, the sick, the dying, and the natural wilderness, all of whom are sponging off our money.

There is an odd relationship between winning Social Security disability benefits and alleging only a mental impairment or combination of mental impairments.

There are some pesky little rules the Social Security Administration uses to determine whether a person is disabled. In fact, they are not “little” at all, and hardly pesky. They are so important, in fact, they play a determining factor in almost every case in one sense or another.

Yes, everyone likely believes their condition is severe enough to keep them from working. But in fact, the Social Security Administration (SSA) has its own definition of severity. In order to qualify for disability benefits, one must meet this stringent requirement.

Why Past Work Is So Important For SSD.

Almost 99% of people who file for Social Security disability believe that because they are unable to do their present category of work, they should be found disabled.

However, this thinking is flawed. Yes, determining if a person is unable to return to past work is important when deciding if one is eligible for Social Security disability benefits, but that is only the tip of the iceberg. There is more to be understood below the surface.

There are actually five-steps a person must overcome to receive disability benefits. They are: (1) a person is not earning above a certain level of income, (2) his or her condition is severe, (3) they may or may not meet a medical listing of their condition, (4) he or she cannot return to work completed within the last 15 years, and (5) there are no other jobs within the national economy a person can perform even despite his or her condition.

More than likely, your Social Security disability case is going to be denied at least once. This is especially true if you are under the age of 50 or you only have a mental impairment(s) that keep you from working. If you fit within these two categories, chances are you may be denied more than once. And, even if you are not within either category, you could find your case being denied just the same.

If you’re going to file for Social Security disability benefits, here are some things you really need to know:

After one of my clients is denied, I often stop the appeal process and ask them a couple of questions to determine whether he or she is willing to take his or her Social Security disability claim to the next step.

Do you have a physical or mental impairment which keeps you from working 8 hours per day, 5 days per week? Here are some tips to help you better prepare before filing for Social Security disability benefits:

If You’re Going To File For SSD You Need To Prepare.

If you read anything in regards to being prepared financially, the first thing a smart investor will tell you is to make sure you have at least six months of reserves just in case anything catastrophic happens.

However, in reality, for most, this is an impossible task. For the most part, those who have to file for Social Security disability have worked at a job where their body gives out after so many years of hard physical labor. The reality again, is that most of these jobs do not pay enough to have six months in reserve. Add a family and a mortgage to that, and there is usually very little left over after each paycheck.

As with anything concerning Social Security disability, the best response I can offer is, “It’s confusing.” But, let me try and explain how you actually can work and collect Social Security disability at the same time.

The Social Security disability system is similar to private insurance a person would pay into for coverage (for his or her home, auto, health, or life insurance). If you don’t pay your premiums, then your coverage lapses, and you are no longer insured.

Increasing the Chances of Winning Your SSD Case
Everyone wants to know their chances of being of approved for Social Security disability benefits.

I get this question all the time, “What do you think our chances are?”

Actually, it’s a great question.

Here are some things that will approve your chances of being approved:

What You Need To Do While Waiting For Your SSD Hearing

The wait time now for a hearing is over 600 days on average across the United States. What was once about a 12 month wait time, is no longer. Part of this is in due to the amount of people appealing to the hearing level, and part of this is due to the fact the Social Security Administration desperately needs to hire additional Administrative Law Judges to reduce the number of cases backlogged at the hearing level.

So, if this is the case, what can a person do to help themselves when it is finally time to have his or her hearing?

Here’s some ideas:

What Not To Do When Filing For SSD
You can make a lot of mistakes when filing for Social Security disability benefits.

Here are the top 7 goofs:

Why Was Your Social Security Disability Case Denied?

If you’re reading this blog, then it is very likely your Social Security disability claim was denied, and you’re trying to figure out why.

Sometimes, it’s hard to pinpoint why a disability case was denied, and even sometimes more, there is no rhyme or reason.

But, here are some likely reasons why your case may have been denied:

Ways To Win Your SSD Case (Yes, you can win your benefits.)

In the past, approval rates for Social Security disability benefits was much higher than today. In fact, depending upon how approval rates are calculated (with or without representation), only about 35-40% of all claims are approved. And, this is not taking into consideration the length of time it takes to win your case.

However, here are the top 10 things you can do to increase your chances of success:

5 Reasons You Will Win Your SSD Case and 5 Reasons You Won’t
Here are the top 5 reasons you will win your Social Security disability case:

1. You’re getting older.

For those of you over the age of 60, the chances increase dramatically for you to have your Social Security disability case approved. If you’re over the age of 55, your chances are still quite good, but the closer you get to retirement age, the more the Social Security Administration believes there are less jobs available within the national economy you are capable of performing. While nothing is a given, your chances of approval still increase significantly.

2. Your condition is really severe.

Do You Have Enough Work Credits To Qualify For SSD?
In order for one to qualify for Social Security disability, there’s more to it than just being too impaired to work. A person will also have to meet the financial requirements to receive benefits.

Before getting started, you also need to understand there are two kinds of disability offered through the Social Security Administration. First, there is SSDI, which is the disability I want you to understand today, but there is also SSI, which is needs based and doesn’t require a sufficient amount of work credits to qualify. It has its own set of financial requirements separate from SSDI.

What’s The Difference Between SSI and SSDI?
The Social Security Administration actually has two different disability programs for which a person may qualify. Also, at times, a person may be able to qualify for both.

First, let’s look at Social Security Disability Insurance (SSDI):

If you were denied Social Security disability benefits, should you appeal? The most basic answer to this is: -Yes, you should appeal your denial at any level. But, there are some things to keep in mind as well.

What If I Die Before My SSD Case Is Settled?

Many Claimants find that they are waiting years before their Social Security disability case is resolved. For many, the years pass by very slowly.

So, what if you have a terminal illness when you do file for benefits? -If you do have a terminal illness when filing for benefits or your case takes a turn for the worse, you can be placed in expedited status. But even then, the wheels of the Social Security system still seem to move rather slowly.

Get Tested Before Applying For SSD
If you’re in Texas, the Texas Workforce Commission (TWC) actually offers testing to see if even despite your physical or mental condition, there may be jobs you are capable of performing.

Unless you just love being given a little bitty check each month and sitting around the house.

But, there is even more to this than just learning what jobs you may be able to perform.

Filing For Social Security Disability Benefits Is Easy.
Winning your case is a different story….

Before your file for Social Security disability benefits, keep these things in mind:

1. Do you have enough work credits to qualify for Social Security Disability Insurance (SSDI) benefits? Have you worked at least five out of the last ten years? If you have not, then you may have to settle for Supplemental Security Income (SSI) which will then take into consideration how many assets you have and the amount of income your family receives each month. If you have a spotty employment record and you are married with a spouse that works full-time, you may not qualify for either disability program.

If Your SSD Case Was Denied By The Appeals Council.
Your chances of winning your Social Security disability case actually do not improve if you are denied by the Administrative Law Judge (ALJ) and you decide to take your case to the Appeals Council (AC). In fact, your chances of success actually decreases significantly.

So, if you lose again at the AC, then what is there to do?

Yes. But there are limitations in the amount of money you can earn each month. Plus, you need to understand whether you qualify for SSDI or SSI or both. Further, you need to understand the term “Substantial Gainful Activity.”

Actually, I never stop being surprised with my cases. Ones that I know for sure are going to be approved, usually will be. Others that are not so strong at the time in which I filed for my client, sometimes become very strong as the months (and even years) go by.

Details, just like in life, are always important when filing for Social Security disability benefits.

Sadly, not all claims for Social Security disability benefits are the same, and not all claimants are either. In fact, there are certain criteria which increases the odds for winning a disability claim.

Everyone thinks their condition is severe. Let’s face it, or otherwise they would be working a full-time job. Anyone I have met would rather be working than waiting for up to two years or more to find out their Social Security disability claim has been denied.

Did You Really Win At Your Social Security Disability Hearing?
Believe it or not, even after a fully or partially favorable decision from the Administrative Law Judge (ALJ), you may still have your case reviewed once again, and you actually do run the risk of your case being denied.

In other words, the denials and wait times never seem to end.

How To Best Prepare For Your Social Security Disability Hearing

You’ve been waiting for a year or more to tell your case to the judge and explain how you are disabled and unable to work. But, do you know how your hearing will proceed and have you prepared to put your best foot forward?

Here’s some tips to help “your day in court” go as smooth as possible.

For Some, You Will Not Be Able to Win Your Social Security Disability Claim
It’s sad, but for some people, winning their Social Security disability claim will be almost impossible. If you fit within one or more of these categories, you may want to reconsider placing your life on hold to ultimately be disappointed.

Here are the “big ticket” items that will likely keep you from receiving benefits:

I hate starting off like this, but all too many times Claimants seek Social Security disability benefits and they fight the system for a year or more to find out the Social Security Administration does not consider them disabled.

Most people do not know in order to qualify for Social Security disability benefits, they need to earn work credits to be insured. The disability program administered by SSA is an actual insurance program where workers pay into the system for possible benefits if they have a severe mental or physical condition which keeps them from working.

How Social Security Determines Disability
Being disabled does not mean you have a condition or impairment which keeps you from working.

In fact, if you are telling yourself you are too sick or impaired to work, it’s likely you could find yourself on the losing end of your application for disability benefits. If you’re reading this blog, you’re probably searching for answers as to what to do next now that you just received your first or even second denial.

Are You Too Smart To File For Social Security Disability Benefits?

It’s true, sometimes people have too much education and/or transferable work skills to be completely unable to work at any other job in the national economy.

When filing for Social Security disability benefits, the Social Security Administration (SSA) looks at a number of factors to decide whether you are disabled.

Most importantly, SSA looks at your age, your education, and your transferable work skills from jobs you’ve held over the last fifteen years (besides your medical records).

Many people reach a level in their treatment where going to the doctor or the hospital simply is not going to cure their impairment or condition. It becomes pointless to keep seeking medical attention. But, that is not the reason why the Social Security Administration determines whether or not a person is disabled.

Believe it or not, Social Security regulations require anyone working for the Administration to not approve a claim unless there is medical evidence to support the allegation that a claimant is disabled. For example, not matter how much a person claims he or she is in pain, those allegations must be substantiated in order for a claim to be approved. Simply put, unless there is some amount of medical evidence, your claim is going to be denied.

Pain as a Condition or Impairment for Your Social Security Disability Claim
Pain is a reality for many with physical limitations which keep them from working. The Social Security Administration understands how pain may reduce a person’s ability to walk, stand, sit, or even concentrate when attempting to perform a work-related task. There is little doubt that pain can easily keep a person from being able to work. However, in order for a person’s pain to be considered as a factor to receive Social Security disability benefits, there are some things to keep in mind:

Unless you meet what is called a Medical Listing for your condition or you meet one of the rules of the Medical-Vocational Guidelines, you will have to probably wait a very long time.

You’re too ill to work, or you’ve got too many things wrong with you to work at your old job -right? Well, that may possibly be, but it may not be enough to win your Social Security disability case. The reality is that everyone who files for Social Security disability has some kind of condition or impairment, but many will be denied because of a number of different reasons.

Do you know your Date of Last Insured (DOL)? If you don’t know it, you should. It’s very important and it could determine whether you are determined to be disabled by the Social Security Administration.

It’s important to understand the process your Social Security disability claim will go through to make a determination of whether a person is disabled. For those new to the system, the thought of going through such can seem daunting.

If you have been denied twice when seeking Social Security disability benefits, then you know it is time to file an appeal for a hearing before an Administrative Law Judge (ALJ).

There are many people with really bad conditions in which any amount of medical treatment will not help. If you have a serious back condition that will require surgery and you can’t afford it, then going to the doctor is not going to do you much good. For people with MS, there are few options as well.

There are only certain situations in which the Social Security Administration will deem a case worth expediting through the disability process. If your case does not meet one or more of the required criteria, you will likely have to stand in line and wait with the others.

Believe it or not, this is quite a common occurrence. The trick is to not only know what you’re doing when filing for disability benefits but understanding the process of determining when someone is or is not disabled.

In this day and age, many claimants allege they are either bipolar or suffering from severe depression or both. The problem is that when it comes to Social Security awarding benefits, the Administration is often skeptical.

Will Depression Qualify You For Social Security Disability Benefits?

Follow these steps:

1. Have you been working for a long period of time? If so, you will likely qualify for Social Security Disability Insurance (SSDI). If this is the case, you only have to make sure your monthly gross pay is less than $1,130.00 for 2016.

2. Do you have a “spotty” work history or are you young or have you never worked or did you stop working more than 5 years ago? If this describes you, then you may have to consider you can only qualify for Supplemental Security Income (SSI) and you (for the most part) cannot have more than $2,000.00 in assets or make more than $733.00 a month gross as an individual or $1,100.00 if married as a household income for 2016.

10 Things To Consider Before Applying For Social Security Disability.

Need to file for Social Security disability? Are you unable to work full-time any longer due to a mental or physical limitation or condition?

Think about these 10 things before applying:

1. Consider your age.

By and far, the Social Security disability system favors those over the age of 50. The younger you are, the more likely the Social Security Administration may believe there are other jobs you are capable of performing despite your limitations. The older you are, the less likely you may be found able to do some other type.

Appealing Your Social Security Disability Case After Your Denial.

I understand how heart-breaking a denial can be. First, it is likely you have been working hard on your case for the last two years, and your condition has likely not improved. Second, your finances were spent after the first three months of not working and you’re tired of getting handouts from friends and family. Heck, you may have lost some friends along the way and family members won’t even pick up the phone when you call anymore.

To say the least, life doesn’t feel all that fair right now. The judge who issued his or her unfavorable decision may have even said things like your claim was not credible, or he or she may have even been rude to you when testifying.

Understanding The Role Of The Vocational Expert in Your SSD Hearing.

If any of you have ever been to a Social Security disability hearing, the first time you realize there will be some other person testifying is when you receive notice that your hearing has been scheduled.

You may not even know or understand what role a Vocational Expert (VE) may play in helping the Administrative Law Judge (ALJ) decide whether or not you are disabled; but nonetheless, he or she will be present to give testimony as to what jobs would be available in the national economy despite your physical or mental limitations you believe keeps you from working.

What Is A Technical Denial Of My Social Security Disability Claim?
Not all denials are because the Social Security Administration feels you are capable of working despite your physical or mental limitations. In fact, your case can be denied for a number of reasons besides for medical reasons.

The trick is to understand how to fix the denial/problem if it should happen to you.

First, let’s talk about some of the denials that may occur before your case ever actually leaves your local Social Security office.

Did The Vocational Expert Testimony Cause You To Be Denied?
For the most part, the Vocational Expert (VE) at your disability hearing understands what jobs would be available in the national economy despite your physical limitations. However, sometimes if you look closely enough at what jobs the VE states you are capable of performing or the Administrative Law Judge (ALJ) concludes you can perform despite your limitations, may not be all that accurate.

If you have been denied at your disability hearing, look closely at what jobs the ALJ has concluded in his or her decision that he or she believes you can still perform, even with your present mental or physical limitations.

Don’t let the length of the ALJ’s decision intimidate you. It is more simple than you think.

Should I Use An Attorney To File For Social Security Disability Benefits?.

This is probably the second hardest question to answer for yourself, besides coming to the conclusion you are not able to work due to either a physical or mental impairment or a combination of both.

To answer this question, let’s ask another one:

What can an attorney do for me that I can’t do for myself when filing for Social Security disability?

You May Have A Severe Condition But Not Be Disabled.

The reality of being found disabled by the Social Security administration is more complex than having a severe condition. While one of the requirements is that your condition be severe enough to disrupt your ability to work, partake in daily activities, do chores around your home, etc. There are essentially three more requirements that must be fulfilled.

Some Important Points To Remember If Claiming Blindness For Social Security Disability Benefits.

Many people assume if they believe they are claiming blindness, they will receive more in Social Security disability benefits.

However, this is not correct. What is important here, is that you understand you can earn more dollars every month and still be considered to be disabled.

As of 2016, a legally blind person is allowed to earn a gross amount of $1,820.00 per month instead of a nonblind person, which is allowed to earn a gross amount of $1,130.00.

I’m 62 Years Old and Need to File for Social Security Disability, What Should I Do?

Deciding whether you need to file for Social Security Disability at 62 is always a tough decision.

Here are some likely scenarios, problems, and possible solutions. Yours may fit within one of these:

Can I Collect Short-Term Disability and SSDI at the Same Time?

This questions has been asked many times in the past, and so I thought it would be important to answer. Many of my clients are in California, which is a state that provides its residents with temporary disability payments for one year while they are doing their best to make it through the Social Security disability system. Many times a year is not long enough, but residents in California and a hand-full of other states are lucky they can at least receive some relief. Conservative states such as Texas provide little, if any, social net for those unable to work and have yet to receive SSDI or SSI approval.

Why Will A Vocational Expert Testify At My Social Security Disability Hearing?

First, it is important to know exactly who and what a Vocational Expert (VE) is. He or she has formal training and usually work experience understanding worker limitations and what jobs would be available in the national economy. Thus, he or she takes into consideration a person’s limitations or condition and decides what jobs could still be done despite such limitations. For example, a person that only had one arm, a VE could determine that person would still be capable of being a security camera monitor.

Next, it is also important to understand why a VE would be asked to testify at your Social Security disability hearing.

Can I Still Work and Receive Social Security Disability?

Many people are simply unable to completely stop working even though they have a severe mental or physical condition that keeps them from working full-time.

So, the question is often asked, can I still work a part-time job and receive disability benefits?

As with most (attorney or legal) answers…It depends.

Why Was My Social Security Disability Case Placed On A Medical Hold?

In order to be found disabled by the Social Security Administration, you must be unable (or expected to not be able) to work for at least twelve months or more. While this definition may seem simple enough, the problem often lies in how this requirement is portrayed to those needing disability benefits. For a person who is unable to work due to a medical condition, he or she may know they will not be able to work for at least the next twelve months. But, for a person examining the case to make the same determination, the answer may not be so clear.

Can’t File For Social Security Disability Just Yet? Listen To My Advice.

I see it almost every week, someone desperately needs to file for Social Security disability benefits, but because he or she knows it will take some time to win their case, they keep on working. They just can’t file for Social Security Disability yet.

Here are some usual scenarios:

Social Security Disability Approval Chances For Childhood ADHD Claims Not Good.
Almost all ADHD or ADD claims filed by parents on behalf of their children for SSI benefits will not be successful. Only the most severe cases of either of these conditions will have any hope.

One of the problems right out of the gate is that mental conditions are harder to show as disabling than physical limitations. As with anything physical that goes wrong with our bodies, it can be measured in blood tests or shown through an MRI or x-ray. Physical issues can be tested in many ways and objective medical results can show whether or not a person is capable of sitting for six hours a day, standing or walking for two, his or her ability to carry more than 10 pounds, etc.

Be Careful Maintaining Employment and Filing for Social Security Disability Benefits.
The average wait time for a Social Security disability hearing is roughly 14 months. This is not even taking into consideration the year (or more) to initially file the claim and the reconsideration (first appeal).

Unless there is a spouse working or you are independently wealthy, it is impossible to wait 2 or more years to receive benefits. Further, many people who do file for disability benefits may be capable of working at least part time. Remember, disability is determined on a full time work schedule.

However, how much can you actually earn and still be eligible for benefits?

What You Need To Know Before Requesting A Hearing For Your Social Security Disability Case.

First and foremost, if you believe you are severely disabled, to the point where you are unable to work, you have a constitutional right to have notice and a hearing before the Social Security Administration can deny your rights to receive benefits.

After filing your initial application and disability report, the first stage of the appeals process involves a reconsideration of the last determination that you are not disabled. Here, another claims processor at the state disability determination agency will look at your case and any new evidence you wish to submit and make an independent determination as to whether or not you are disabled. Again, if you are denied a second time, then you will have the right to file a request for a hearing before an Administrative Law Judge.

Should I Appeal My Unfavorable Decision or Start My Disability Case Over Again?
First, ask yourself whether you truly are disabled. Do not appeal a bad case, even if it is your own. You are wasting not only the Appeals Council’s time, but your own as well.

If you received an unfavorable decision after your hearing, be honest with yourself and assess the likelihood of your chances improving at the next level.

Also, keep in mind that even if you are successful with your appeal, your case has about a 95% chance of being returned back to the same Administrative Law Judge (judge) that originally found you not disabled.

Here are 5 More Quick Tips For Success With Your Social Security Disability Claim.
1. Tell you doctor you are filing for disability benefits and you need him or her to help you out as much as possible.

If you do so, you will likely receive one of two responses: (a) we do not get involved with Social Security disability cases, or (2) we will do what it takes to help you or your attorney win your case.

Here are 5 quick tips when filing for Social Security Disability benefits.

Everyone who has ever filed for Social Security disability benefits has heard the adage that everyone is denied at least once before they are approved. How I wish this were true. In reality, there are many who are never approved for disability benefits and many times they could have done some very simple things to improve their chances of success.

So, try these before filing:

Need To File For Social Security Disability? Don’t Put It Off
One of the issues many Social Security disability attorneys see over and over again is people who have waited too long to file for their disability benefits and are no longer insured.
Here are some issues to consider if you’ve become disabled to the point of being unable to work:

You Do Not Have To Be Bedridden In Order To Be Disabled
Many people believe they must be completely disabled in order to receive Social Security disability benefits. Sadly, they go for years in severe pain without realizing they may have a pretty good chance at winning their case. Case Study:

Filing Multiple Times For Social Security Disability Benefits.
One of the things I continuously hear in regards to filing for Social Security disability is that, “you may have to file a couple of times in order to win your case.”

This is only partially correct and here’s why:

What You Need To Know To File For SSD Benefits
Do you believe you have a physical or mental condition that keeps you from working?
Here are the basics for what you need to know to file for SSD benefits:
(1) You cannot be working and earning more that $1,130.00 per month if you are not blind. If you are blind and working, you cannot make more than $1,820.00 per month. If you are working and earning over these amounts, then you will not qualify for Social Security disability benefits.

Multiple Sclerosis and Social Security Disability Benefits.

Depending upon what type of Multiple Sclerosis (MS) a person has, may have an impact on when and if he or she can qualify for Social Security disability benefits. Many people are affected by this debilitating disease, but how they are affected determines when and if they may be able to qualify for benefits. While some are minimally affected, other experience a rapid progression to being totally disabled.

Physical Limitations Can Win Your Social Security Disability Case.
In determining whether or not you will be able to win your Social Security disability case, you may have heard that basically you must be able to prove that you are incapable of doing even sedentary work due to your physical impairments.

For the most part this is true, but the reality is that the determination as to whether or not you are disabled is quite a bit more complicated.

Why Proper Medical Evidence Is So Critical
This is to explain why proper medical evidence is so critical to winning your Social Security disability claim. The Social Security Administration states, “Medical evidence is the cornerstone of the disability determination under both title II and title XVI programs.” Thus, in order to qualify under either or both for SSI and SSDI benefits, anyone who has filed a disability claim with the Social Security Administration must be prepared to present solid medical evidence to back up his or her claim.

What’s Taking So Long On My Social Security Disability Case?

People are often perplexed as to why it takes so long for the Social Security Administration to make a decision on their disability claim. There’s a couple of answers to this question, but first there is also the need to understand the steps each claim must go through.

First, there is the initial application for your Social Security disability benefits. Once the application is received, it is sent to the local Social Security office that will ultimately handle your case.

Having Enough Medical Evidence To Win Your Social Security Disability Claim
Will you be having enough medical evidence to win your Social Security Disability claim? When I start a claim for any one of my clients seeking Social Security disability benefits, I always send them a checklist to better prepare them for what the Social Security Administration will require. Most take this checklist quite serious, while some sadly do not. Social Security has established rules for when the administration will approve a claim for benefits. One of the very first things a claims examiner will look for is whether or not the claimant has the proper medical evidence to back-up his or her subjective statements about their condition.

Why Does Social Security Require An Adult Function Report?

Whether you realize this or not, there is a five step process Social Security uses in order to determine whether or not you are entitled to disability benefits. In one of these steps, it must be determined whether or not your physical or mental condition would be considered “severe.” If your condition is severe, then Social Security will move onto the next step in its determination. If your condition is considered non-severe, then your claim will be denied.

How to get Social Security Disability Benefits?

Many people feel, because of their medical condition, they should be entitled to Social Security benefits. Sadly, there are a number of hurdles one must overcome in order to be considered disabled by Social Security’s own rules.

First, it is important that you realize there is a very specific five step sequential process Social Security uses to determine whether or not a person is disabled. So many people do not realize that even if their own doctor says they are disabled, that will usually hold very little weight with Social Security in making its determination.

Will you qualify for Social Security disability?

There is a five-step process in which to determine whether or not a person is considered to be disabled under Social Security’s rules. Understand, these are much more complicated than what I am about to list, so it is always advisable to seek an attorney’s assistance. But, this should at least help you get started.

Your Social Security Disability Hearing
Understandably, most people who have filed for their Social Security disability and have been denied twice, will have some trepidation about what will occur at their hearing. Since all disability hearings are heard in private, this is not the type of proceeding where you can watch to first see how they take place. However, there are some things you, as the claimant (and your attorney, if you are represented) can do to better prepare so that your hearing goes more smoothly.

Your Adult Function Report
You Must Take Your Adult Function Report Very Serious When Filing For Social Security Disability. Most people who file for disability do not understand the process by which the Social Security Administration determines whether a person is disabled or not. Because medical records are often subjective and fail to show not just the diagnosis but how a person’s medical condition limits their ability to work, Social Security uses a function questionnaire to determine these issues instead.

The Five Step Process Social Security Uses.
For most people, the fact that they have a severe medical condition, either physical or mental, leads them to believe they are unable to work and should receive Social Security disability benefits.

Sadly, this could not be further from the truth. The reality is that there is a five step process Social Security uses to determine if a person is disabled by their own rules. I cannot express how important this is. Just because your doctor or anyone else states that you are disabled, this will hold little weight in determining whether or not you should receive disability benefits.

Preparation Is Essential For Your Social Security Disability Case
Time and time again I have spoken to Claimants who have a case pending for disability benefits and believe if they can only speak to the judge about how their conditions make them feel, then they will be approved for Social Security disability benefits. This could not be further from the truth. Preparation Is essential.

Good Medical Records and Credibility Help Win Social Security Disability Cases.
When I am representing a Claimant before the Social Security Administration, I know I have a strong case if I am able to back up his or her claims with strong medical evidence and my client is credible when testifying as to his or her disabling conditions. There is no substitute for strong medical evidence. Many Claimants struggle with this because by the time they are eligible to qualify for Social Security disability benefits, they have used all their savings due to lack of income. So, many have to choose the last alternative available for medical care, which usually involves walking into the emergency room at a county hospital. The problem here is that while there are medical records to back up their claim, records from a private and individual doctor are oftentimes better and can help the Court completely understand the symptoms and conditions limiting someone from working.

Being In the United States Illegally Does Not Mean You Have to Give Up Your Rights
If you are not familiar with the 4th Amendment to the U.S. Constitution, in its most simplistic terms it protects anyone living in the United States from an unreasonable search or seizure by a person of the government or an agent of the government. What is unreasonable would take a law school class to completely explain, suffice it to say, this is the reason why there are criminal and civil rights lawyers still being employed to this day. But, what are some basic steps you can take to protect yourself, especially if you are here in the United States and are not familiar with all of U.S. laws?

Have A Vocational Expert Testify At Your SSD Hearing.
Many disability claimants are often in bewilderment as to who and why a Vocational Expert (VE) would be scheduled to testify at their disability hearing. Many people mistakenly believe that just because they have a physical or mental impairment, they will be found to be disabled if they can only get in front of an Administrative Law Judge (ALJ) and tell their side of the story. Sadly, without an attorney versed in Social Security disability law, you may find that you are not on the receiving end of a favorable decision.

Use a Daily Diary to Help Win Your Social Security Disability Case.
One of the issues that plagues many people wishing to win their case to obtain Social Security benefits is that they often do not have enough medical evidence to back up their claims. One of the reasons is that many have been out of work nearly two years by the time their hearing date approaches and they have not had the funds to pay for individualized medical care from a private physician. Many have been relegated to only being able to go through a county emergency room when their conditions get out of control.

How Long Until My Hearing For Social Security Disability?

In 1999, the Social Security Administration received a total of 1,265,037 disability claim applications. By 2014, this number had increased to 2,521,459. This significant rise in people seeking Social Security disability benefits is especially noteworthy considering the decrease in the number of Administrative Law Judges (ALJ) within the Social Security Administration.

In determining whether or not you will be able to win your Social Security disability case, you may have heard that basically you must be able to prove that you are incapable of doing even sedentary work due to your physical impairments.

Sometimes It’s Okay to Cancel Your Social Security Disability Hearing.
Sometimes, it really is okay to cancel your Social Security disability hearing before it’s time to see the judge and explain your case. While this may seem like a setback, especially after you’ve waited so long to have your hearing in the first place, canceling may actually help your case in the future. The first, is if you have been denied at the hearing level in the past.

Why would anyone want to file for Social Security disability?
To be real honest, if you are under the age of 50, you better really have something wrong with you or a combination of a lot of really bad impairments. One of the steps in determining if someone is disabled, is that his or her condition must be severe. Anyone who is reading this, if anyone ever does and I’m only doing this for SEO points to my website, is going to say to themselves, “Oh yeah, my condition is definitely severe.” Well, good luck. Because for most of you, your condition is not severe enough to receive Social Security disability benefits.

If you need to file for Social Security disability, then file already…
Before I started practicing in this area of law, I had no idea the disability system even existed. It wasn’t until I was already out of law school and looking for a practice area that I stumbled across this huge body of law associated with the Social Security Administration.

That being said, I have made some observations I would like to share with you:

Do I Want A Video Teleconference Hearing For My Social Security Disability Case?
Honestly, it really depends on which state you live in.

In the past, I was a big proponent of face-to-face hearings conducted at the local Social Security disability hearing office. I felt the Administrative Law Judge (ALJ) was more personally involved in the hearing process, especially with the claimant in the same room. It was easier to understand the reasons why a person was unable to work. Often, people become very emotional when telling the history of their condition, and that can easily be felt inside a room where everyone is together.

My Social Security Disability Claim Was Denied – Now What?

First, you must not believe the idea that all claims are denied the first time in order to dissuade people from continuing to seek disability benefits. In reality, a little over 20% of all claims filed are approved the first time. On the average the percentage increases to about 30% for those who appeal to the reconsideration level and on the average a little of 40% of all claims that are appealed to the hearing level are eventually approved.

What To Expect At Your Social Security Disability Hearing.
You may be wondering what to expect at your Social Security disability hearing.

By the time a claimant has received two denials for disability benefits, he or she will have to decide whether or not an appeal should be made to the hearing level to have an Administrative Law Judge hear the case. This process alone can take up to a year before a decision whether or not to appeal is made.