DISABILITY BENEFIT RECOVERY

Generally speaking, a person must prove that they are at the end of their working life in order to get Social Security disability benefits.  That may not technically be true, but it seems to be the practical reality. In most cases, if there is any kind of work that a person could perform, disability will be denied.  For example, if you are found able to do the work of a toy stuffer, ticket taker, sack mender, worm catcher or egg breaker, you may be denied benefits under federal regulations. It is very difficult to prove that an individual cannot perform ANY type of work, using objective medical evidence. I have heard that there is a doctor somewhere in my state who opines that nearly all of his patients are disabled--and they nearly all get on disability.  " Dr. _______ is making a judgment call that if you have a particular back problem and a college degree, you're not disabled. Without the degree, you are."  http://apps.npr.org/unfit-for-work/ What's wro

Not too long ago our local Social Security disability hearing office was paying more than 50 percent of the appeals that came to hearings. We call that "the good old days."  The same office was paying 42 percent six months ago.  Today they are paying 38 percent.  You see the trend: it's getting more and more difficult to win Social Security disability benefits.  That's not just a local trend, it's happening all over America. So, if you are really unable to work and Social Security has denied your claim, what can you do? By all means, appeal.  Don't let the falling numbers intimidate you.  Be sure to get all the medical evidence about your disability.  Engage your treating doctor to help if he or she is willing to help--not just by providing routine medical records--but also by providing a Medical Source Statement that specifies your limitations of function (in vocational terms).  This is sometimes called a Residual Function Capacity form.  Again, this is m