HOW TO WIN A DISABILITY APPEAL

In the world of Social Security disability appeals are not rare or unusual; appeals are common, ordinary and routine. Few claimants win without one or two appeals.

What can help you win an appeal and get paid?

1. Act quickly. After you get a denial decision, the law only gives you 60 days to file a formal appeal. Do it now.

2. Ask for medical help. Talk to your doctor about your disability. See if he/she will support your case by providing a detailed evaluation of your ability to work. The form used is called a Residual Functional Capacity (RFC) form, or a Medical Source Statement (MSS).

3. Don't be afraid to ask for help. Social Security law may be confusing to you (as it is with most people) and you may get overwhelmed. Call a professional for help. You won't need any money to cover fees or expenses. If you win, Social Security pays the attorney's fee out of your past due benefits--with very strict maximums and limits.

4. Don't get discouraged. Social Security will write that "You do not meet the requirements for a disability benefit." Don't believe it. That is form-language that goes into every denial letter. It is NOT the final decision and it probably is not true. It all gets sorted out in the appeal process. It usually requires a fight, but it's part of the process. Be a believer!

5. Don't file a new application when you are denied. This is a repeat of what you have already done, will get reviewed at the same agency by the same decision makers, and will get denied again. A new application is not only a waste of time, but it may hurt your future chances. In most cases, it is the wrong thing to do.

6. Show up for all appointments on time and return all forms, signatures and other requests on time.

7. Be totally honest with your attorney/representative. He or she is totally on your side and must have full and complete information to help you effectively. If you are working part time, tell your representative. If you were fired from your last job , admit it. If you drink too much or smoke Marijuana, don't try to hide it. I find that one of the most damaging habits a client can have is that of hiding information from me. It ties our hands behind our back and prevents us from preparing a case that will stand up to a judge's tough questions.

8. Last, but certainly not lease, keep up doctor's appointments and follow medical advice. Take your medications. Go to checkups. If recommended by your doctor, get X-Rays, MRIs, CAT scans or other imaging studies. If you can't afford to see a doctor or buy your medicines, talk to both your doctor and disability lawyer. There can be several solutions, including financial aid, free clinics, and other resources. Lack of medical treatment will destroy your case. Don't let it happen!