HOW TO GET DISABILITY BENEFITS

Of all the questions we are asked and try to answer, the most basic is: How do I get Social Security Disability?"

If I had to answer that question in one word, that word would be persistence.

You get benefits by the willingness to accept denial a time or two without quitting the fight. Almost 80 percent of all SSDI claims will be denied before before finally being approved. In short, Social Security has an aggressive weeding out process that frankly is meant to deny most applications early in the process. You must expect this, but you do not accept it. You file appeals.

Social Security appeals are delicate legal maneuvers best understood by experts. When you get to the appeal level, you are in a legal battle that's based on federal law, regulations and court precedents. Appeals are highly technical procedures where retelling your disability story won't be enough. You must prove that you were wrongly denied--using hard evidence and Social Security's own regulations. Of course, you must know and understand the regulations.

You must also know how to conduct a professional, effective hearing before a federal judge. Yes, federal judges are the rule, not the exception in Social Security disability claims.

Billions of dollars in disability benefits are lost each year by claimants who get denied once, or even twice, and give up--thinking the fight is over. Some make the mistake of filing a new claim (which amounts to starting over and getting denied again) in most situations. It's nearly always better to file the appropriate appeal and kick your case higher up the decision-making ladder until it reaches the top. Persistence. Sticking with the process despite all its delays, frustrations and rejections. Victory is often there but you just have to "keep on keeping on." The system was never intended to be fast or easy. It is meant to be slow and difficult.

Fighting this long, lonely battle by yourself will be extremely frustrating and difficult-- tempting you to quit or give up before reaching the goal. Even if you eventually win by yourself, it will be one of the most tiring, nerve wrecking processes of your lifetime! That's one advantage of getting a professional to stand by your side and take some of the load off your shoulders. But not matter how you choose to stay in the fight, the key is not to give up. As Churchill said, "Never, never, ever QUIT!"

"Billions of dollars in disability benefits are lost by claimants who get denied once, or even twice--and give up--thinking the battle is over."

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Charles W. Forsythe is an author on Social Security topics. He is founder of The Forsythe Firm in Huntsville, AL which is solely dedicated to the practice of Social Security disability. He still offers free consultations on Social Security. (256) 799-0297.