DISABILITY BENEFITS: HOW TO HANDLE A VERY DIFFICULT PROCESS

Before you apply for Social Security disability benefits, you should know that the vast majority of individuals who apply will be denied.

Having a case approved by the Social Security Administration is incredibly difficult, especially if you don't know the inner workings of this federal agency. Your number one goal is to prove to the government that you are not able to work at any job.

Even if you prove that you can't perform previous work, you may still not qualify. For example, a construction worker may suffer a spinal condition that no longer allows standing on his feet all day and lifting up to 75 pounds, as required in the construction industry. Yet, Social Security may find that he can perform light or sedentary work, such as telemarketing, addresser or ticket taker. In which case, the claim will be denied in most cases.

One response we hear a lot is, "Nobody will hire me for a job like that." It doesn't matter. Being unable to find a job is a vocational problem, not disability. Others may say, "Those jobs pay minimum wage; nobody live on that kind of money." Unfortunately, Social Security doesn't take the pay scale into consideration. If you are able to perform a simple, minimum wage job, Social Security will deny your application.

Social Security has no short term benefit plan. In fact, they won't even consider a medical condition unless it has lasted for at least one year, is expected to last for at least one year, or eventually to end in the claimant's death. For example, if an individual is badly injured in a car accident and requires surgery to repair broken bones, but is expected to fully recover with 12 months, Social Security will not pay a benefit.

The biggest mistake claimants make is believing that a benefit will be paid because of a medical diagnosis in the record. For example, the doctor says you have congestive heart failure, so it will qualify for a benefit. However, Social Security must be convinced how the heart failure prohibits certain functions that would be used for various types of jobs. The best way to obtain this information is to have your treating doctor complete a "Residual Function Capacity" (RFC) evaluation. If you go into your Social Security hearing without an RFC, the administrative law judge will decide what your RFC is. Often, that results in the erroneous conclusion that you can still perform certain jobs--and a denial of benefits.

In conclusion, you need to know the ins and outs of the Social Security disability program. You must know their peculiar rules and regulations. You need to understand your burden of proof and have a plan to meet it. Going into a hearing and just hoping it will turn out well is a sure formula for rejection.

That's why claimants who work with a disability attorney or advocate win 3 times more often than those who try it unassisted. The decision will affect you and your family for years, maybe the rest of your life. Talk to a professional about the best way to overcome all the difficult obstacles and win your case. The Forsythe Firm will speak to you for free and if we represent your case, no fee of any kind will be due until you win and receive your retroactive pay. We'll be glad to speak to you at (256) 799-0297. And, no, you won't just talk to a paralegal or receptionist. We're here for you.