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 most helpful if it comes from a doctor who has treated you--and the longer the treatment relationship the better.
Research what is covered by the Social Security Act and what is not. You need to know what your burden of proof is. What evidence is needed to support your case? How will a vocational witness impact the hearing? Keep in mind that you not only must prove that you cannot perform past relevant work but you generally must prove that you cannot perform any other type of work -- even simple, unskilled work at the sedentary level (the easiest kind of work).
If you find preparing for a hearing is just too much to handle by yourself, consider appointing an attorney or non-attorney representative to help you. Most representatives will not charge a fee unless you win your claim and collect past due benefits. Be sure to check with your representative about his or her fee arrangements.
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 most helpful if it comes from a doctor who has treated you--and the longer the treatment relationship the better.
Research what is covered by the Social Security Act and what is not. You need to know what your burden of proof is. What evidence is needed to support your case? How will a vocational witness impact the hearing? Keep in mind that you not only must prove that you cannot perform past relevant work but you generally must prove that you cannot perform any other type of work -- even simple, unskilled work at the sedentary level (the easiest kind of work).
If you find preparing for a hearing is just too much to handle by yourself, consider appointing an attorney or non-attorney representative to help you. Most representatives will not charge a fee unless you win your claim and collect past due benefits. Be sure to check with your representative about his or her fee arrangements.
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