DISABILITY BENEFIT RECOVERY

The Social Security disability system is a mess! If it worked like it should, you would not need a lawyer or advocate.  You could do it yourself....maybe.  But not any more. Unrepresented clients (called "unrepped") are not taken seriously.  When you report for your hearing, the first thing the judge will do is offer to postpone until you find an attorney.  That should tell you something! Social Security has the most narrow definition of disability in the world.  It is so narrow, you can barely see light through it.  For most claimants, you have to convince SSA that you are not able to perform any type of work : even simple, unskilled minimum wage jobs.   And you must produce doctor's records to prove it. You also have to prove the exact date upon which you became disabled.  And you need medical evidence to prove it. If you intend to collect back pay, you had better pay attention to things like:  Date Last Insured, Alleged Onset Date, Substantial Gai

From time to time, I encounter a claimant who wants to compare his/her Social Security experience to someone else's.  This is usually a claimant who has either been denied or has been waiting a long time to get a decision.  This individual will begin to talk about Uncle Billy and how he got his Social Security disability check on the first try--and in just two months!  First, I am happy for Uncle Billy.  It works out that way for a few people but not for the majority.  Second, I wonder how Uncle Billy's claim was different from the average claim?  How old is Uncle Billy?  If he is over 50 years of age, it's unfair to compare his case to someone who is 30 years old.  Age plays a major factor in getting approved. Which judge did Uncle Billy appear before?  Some judges pay 70 percent of their claims, while some pay only 12 percent.  If Uncle Billy lucked up and drew a 70 percent judge, good for him.  What was Uncle Billy's medical impairment?  If he had several inc

Continuing Disability Reviews (CDR) by Charles W. Forsythe If you receive a Social Security cash benefit, you are required to report certain changes that occur.  20 CFR 404.1588 requires you to report to Social Security when a) Your condition improves b) You return to work c) You increase the amount of your work; or d) Your earnings increase Social Security may conduct a review at any time to see if you continue to be disabled.  Social Security may schedule a "diary review" periodically to check on your eligibility to continue receiving benefits. These reviews can occur for any reason or for no apparent reason at all.  Many claimants get reviewed every 2 or 3 years.  The following are examples of things that might otherwise cause you to be reviewed: 1) Substantial earnings are reported to your wage record. 2)  Improvements in medical technology or treatment raises the possibility of medical improvement. 3) Social Security gets information that you a

Epileptic or epileptic-type seizures may qualify for Social Security disability benefits.  Seizures are evaluated under Listings 11.02 and 11.03 in the Social Security "Blue Book," (20 CFR 404, Subpart P, Appendix A). The following are general guidelines for benefits: For convulsive seizures (Listing 11.02) - you must show Daytime seizures that cause you to convulse or lose consciousness OR Nighttime seizures that cause severe complications for you during the day, like problems staying awake, thinking clearly, or coordinating your physical movements. In addition to experiencing seizures that meet this listing, you must also continue to have seizures at least once a month after you’ve been on anti-seizure medication(s) for at least three months. For non-convulsive epilepsy (listing 11.03), you must prove to Social Security that you experience: Seizures that occur during the day or night AND Cause you to experience pronounced issues after each seizure,

Here are actual questions we answer regularly from individuals who want to file Social Security disability claims.  The answers may help you as you wrestle with whether you can get disability benefits. Q.  I'm still working and earning more than $1,170 per month.  What will happen if I file a disability claim? A.  You will get a technical, Step 1 denial.  The first thing they consider is work.  If you are working at substantial gainful activity ($1,170 per month), your claim will not even get considered.  It will die at the first step. Q.  I am obviously disabled.  You can just look at me and tell that I can't work.  However, I don't have any medical treatment or records since I can't afford doctors.  Do I have a chance? A.  No, I'm very afraid you do not.  The law requires a "medically determinable impairment" supported by "objective medical evidence" at Step 2.  Without any medical evidence, you are probably looking at a Step 2 denial. 

Social Security Disability (SSDI) is a tough nut to crack.  Here are 5 things that you must know before you decide to file a disability claim: 1)  There is no disability benefit if you are working and earning at least $1,170 per month in 2017.  This is the amount they call "substantial gainful activity" or SGA.  Earning this much from a job or self-employment will get you a technical denial at Step 1. (This refers to earned wages or earnings, not non-earned income such as pensions, disability benefits, rental income or child support). 2)  Social Security or SSDI will not pay for the first 5 full calendar months of disability.  If you are found disabled on June 15, you can't be paid until December.  This is a best case scenario. A very small percentage of SSDI claims these days are approved in less than 18 months.  Some are but many are not. 3)  Being unable to perform your past job may not be enough to get SSDI benefits. Depending on your age, you may have t