Transcript Overcoming the Social Security Disability Hurdles

Overcoming the Social Security
Disability Hurdles
Essential information
from a disability attorney
Ted Walkenhorst, Esq.
Disability Benefits Law Center
Philadelphia, Pennsylvania
© 2006
Social Security disability benefits
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Two types of benefits
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Disability Insurance Benefits (DIB)
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Disabled persons with a sufficient work history
Children of the disabled individual
Widow(er) of the disabled
SSI (Supplemental Security Income)
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Disabled persons with little or no work history
Disabled children
Welfare-like income/asset qualifications apply
To qualify for either type of benefit
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First, you must be financially eligible.
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For DIB– you must be “insured”
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For SSI – must have low income and assets
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Enough recent covered earnings
The date last insured. Not everyone is covered.
Household income is counted (spouse, parents)
Second, you must be disabled.
Both tests must be met to qualify.
Not everyone who is disabled will qualify.
The basic criteria for
both types of disability benefits
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You are not working (or you are earning
less than $920.00 gross a month).
You have one or more physical or mental
impairments preventing you from working.
Your inability to work has lasted or is
expected to last at least 12 months.
You meet the disability definition.
SSA’s definition of disability
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There is more than one disability definition.
Meeting or equaling a “listing” means
presumptive disability. There is an MS listing.
Must be unable to perform prior work.
In many cases (younger than age 50) must be
unable to perform any other type of work.
A person will be eligible if unable to “sustain”
any type of work (including a simple,
sedentary job) for medical reasons.
Pre-application tips
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Be prepared to admit your limitations. Be
honest with yourself and with your doctors.
Avoid denial.
Document your symptoms and functional
limitations in your treatment records. Complain
to your doctors and have complaints recorded.
Disability claims are won on how well the
medical records reflect the person’s symptoms
and functional limitations.
Pre-application tips continued
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Enlist the support of your doctors for your claim.
You will need a doctor’s support to be
successful. The best case scenario:
your doctor advises you to quit work.
Obtain treatment for depression and/or anxiety if
present. This always strengthens a claim.
Obtain assistance from a disability attorney.
Initial advice should always be free.
Application tips
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Obtain assistance from a disability attorney.
How to apply (see materials).
1. local office 2. telephone 3. Internet
www.socialsecurity.gov/applyfordisability
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What you’ll need to apply (see materials).
The most important parts of the application (see
materials).
List all conditions; highlight symptoms; include
mental impairments (depression/anxiety, etc).
Post-application tips
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How the claim is processed (see materials).
The initial decision is made by a state
agency. Cooperate with them.
The importance of the Daily Activities
Questionnaire. Answer with care.
Use an attorney to assist in obtaining your
medical records and assessment forms.
Appeal tips
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Initial denial decisions are common. Do not
quit or lose hope.
If a claim is denied at any stage of the
process, there are two steps to take:
1) file a timely appeal; and 2) consult a
qualified disability attorney.
If the appeal deadline is past, often you can
reapply. It is also possible to “re-open”
some prior denied claims.
Summary
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Know what disability benefits you may be
entitled to and apply as soon as you are eligible.
Carefully and completely document your
symptoms and functional limitations in your
medical records.
Obtain the support of your doctors.
Because qualifying for these benefits is difficult,
obtain professional advice and assistance early
in the process.
For more information
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Social Security – www.socialsecurity.gov
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Disability Benefits Law Center
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Toll free: 1-800-772-1213 (7 a.m. to 7 p.m.)
www.disability-benefits-law-center.com
[email protected]
Phone: 215-886-0660
Toll free: 1-866-886-0660
National Organization of Social Security
Claimants’ Representatives (NOSSCR)
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www.nosscr.org
Phone: 1-800-431-2804