How to Win a Social Security Disability Case –That’s the Challenge
I am an attorney at Freedom Disability. I know from my experience that every case I work on has a different set of unique circumstances influencing its outcome. This is true of a new or an appealed case waiting for a hearing. Here are a few examples:
Case One – Presumptive Disability Case Forced to Wait for a Decision
I had an initial case that I knew would be approved for Social Security disability insurance (SSDI). So did SSA. And yet, my claimant had to wait longer than I ever would have expected for a final decision.
He qualified for Supplemental Security Income (SSI) because of his low income and resources and he was deemed presumptively disabled because he has a severe condition of the eyes that causes temporary blindness. (A presumptive disability is one that clearly meets SSA’s strict definition of disability.) My claimant had to undergo a series of laser treatments over several months.
After each of his treatments I would fax his updated medical documents to his state’s Disability Determination Services (DDS) office and then try to convince them that history showed no improvement. There was no need to hold off on the decision.
However, SSA policy required that all medical procedures had to be completed. After that, they had to wait a mandatory three months before assessing the outcome. Then they could render a formal approval on the SSDI portion of his claim. DDS would not make an exception. It was very frustrating. There was nothing I could do to push his claim through faster.
Outcome: Case One Takes Twice as Long to Get Approved
The state DDS office remained strict with their bureaucratic rules even though they knew that this claimant would be approved. I am happy to say that he finally did get his SSDI award. It just took twice as long.
Case Two – State Hearing Office Considers Late Filing and Financial Hardship
I had another case for a woman who had applied on her own but was denied at the initial level and at the reconsideration level of her appeal. She had already been trying to get disability benefits for a year. She wanted to take her case to the hearing level but she had filed her request several days past the 60-day mark and missed her right to continue her appeal. (SSA allows 60 days to appeal a denied decision.) That’s when she came to Freedom Disability for help.
She was also getting evicted from where she lived because she couldn’t pay her rent or utilities. Unfortunately, financial hardship is a common story, as well as waiting a year or more for a hearing. Sometimes a state hearing office will move a case up because of severe financial circumstances. However, SSA is very selective. They need real proof. And I had to convince them to excuse her late filing to avoid starting over with a new claim.
Outcome: Hearing Office Excuses Late Filing and Moves the Case Up
The judge I spoke with at my claimant’s state hearing office agreed to excuse my claimant’s mistake in filing past the 60-day grace period. He also had the hearing office move the case up from 12 months to three months. This was because I was able to work with the claimant to get legal documentation that sufficiently proved her financial hardship. Again, the final decision will be up to the hearing judge assigned to her case.
Case Three – Doctor’s Answers Support Claimant’s Disability
A key component to every disability case is getting strong supportive evidence from the claimant’s doctors. I want to be sure that I get good information back about my claimant’s functionality because I must prove how the disability limits daily activities and the ability to work. I always put together a series of questions for the doctors to answer that are specific to my claimant’s medical condition. Some doctors can be less cooperative than others. For this particular case, my claimant’s doctor took the time to provide very detailed answers to my questions.
Outcome: Claimant Gets a Hearing Bench Decision
A well-documented hearing brief that included detailed answers from the claimant’s doctor convinced the judge. She had no further questions to ask the claimant. A bench decision was rendered within five minutes.
No Case is Like Another
As these examples show, no one case is like another. Case One’s DDS office was very strict about following SSA rules which delayed the decision. Case Two’s state hearing office had a more lenient attitude that worked in Case Two’s favor. If we didn’t get strong medical support from Case Three’s doctor, the judge may have taken a longer time to decide the case.
There are all sorts of factors that can influence the outcome of a disability case. That’s the challenge.
I have an Aunt who is trying very hard to get on disability but she was told it would take a year to get disability. I have been on disability since I was a freshmen in high school. I have scoliosis, lordosis & kyphosis, plus I have ankles that love to fold underneath my body. I also have depression & seizures since 2008 so it’s a hard life for me.
I have been diagnosed with Bi-polar, manic deppresion, sychophrenia, and my letter states that it is not severe enough to receive ssd benefits, what can i do.
Hi Marguerite,
I would say the first step is to get an evaluation from one of our eligibility consultants. Unless you have been denied benefits at the hearing level, our disability Advocates can help you appeal your decision. When you call in you’ll be asked some questions about your condition and how it interferes with your ability to work. You’ll also be asked about your work history to help determine if you are insured for benefits. This free consultation will also give you some guidance on what your next steps should be. I hope you’ll call us at 866-761-5942.
I am still unemployed. I filed for SS Disability. I was denied because they determined with the back problems that I was having I could still work. What I need to know is if i got married and my husband for the railroad can I still file a claim for SS Disability. I was not married when I filed the claim. What are my options?.
Hi Rose,
Thanks for your comment. Yes, you can still file your SSDI cliam. Your income is not a qualifying factor for SSDI eligibility. If you are looking for representation with your disability claim, we may be able to help! I would advise you to call in for a free evaluation from one of our eligibility consultants. When you call in you’ll be asked about your disability and how it prevents you from functioning normally. Again, this is a free consultation that will also give you some guidance on what your next steps should be. I hope you’ll call us at 866-761-5942.
i have organic mental disorder,and my doctor did a rfc form in my favor saying im very incapable off doing any work ,as well as i need a payee,i waiting for my hearing it has been a year.do u think i will win come my hearing??
I have Scoliosis, Chronic back pain, Bipolar disorder with explosions episodes, depression, inability to understand things well, hearing things and seeing things that are not there and inability to walk to far without a back brace. I got my denial letter today. should i do an appeal or get in contact with a lawyer?
Hi Jeffery,
Thank you for your comment. About 63% of intial applications for Social Security Disability get denied the first time, so your not alone. I would advise you speak to one of our Eligibility Consultants and let them know you are thinking about filing an appeal. This is a free consultation that will also give you some guidance on what your next steps should be. I hope you’ll call us at 866-761-5942.
how do i get help to pay my rent while im waiting for my dosibility to get approved??? can anyone help me??????
I am 46 and I have facet joint disease in my lumbar spine, carpal tunnel syndrome, cubital tunnel syndrome (won a workman’s comp claim for this 2010…was terminated 5 days later after 15 years at the company…and still have typing restriction and I am an IT professional of 27 years), arthritis, 2 bulging discs in my neck and spinal stenosis at C6, I also have low- T, high blood pressure, high cholesterol and Glaucoma and had Melanoma in 2000 (so I can’t work outside). None of these issues in itself is totally debilitating, but when you add them all up, I am a hot mess. I am on pain killers so I can’t pass any employment drug test. Would it be worth applying for SSDI?
Jeff,
We believe you would have a good case and should consider applying for SSDI. I hope you don’t mind, but I am having one of our Eligibility Consultants contact you via email to walk to you through a free evaluation. It shouldn’t take more than a few minutes to see if you would qualify for SSDI. This will be a free, no obligation interview. If you would like to contact Freedom Disability directly, please call 866-761-5942. Good luck!
i have been diagnosed with bi-polar, panic disorder, social anxiety disorder, and generalized anxiety disorder. i have applied and was denied in 2009 and did not appeal it. i have had debilatating symptoms for yyyears even before my diagnosis in 2010. it has gotten so so so much worse and i believe i have some physical problems as well. possible lupus and or fibromyalgia. i have not been able to afford a doctor to do the physical tests. i have not worked since 2003. i do not have money for a doctor so i have gone to my local hospital for maintenance with medecine and at least once a month i am in the e.r. for extreme panic. i have to get shots of ativan to stop hyperventilating it gets so bad. i can not even get outta bed some days. it is excruciating for my fiance to watch me go through it. i dont even shop or leave the house for that matter besides like 5 days a month. i have been contacted by other lawyers recently and i dont know what to do and if i even have a chance if i do get a lawyers help. please respond if you have any advice or info. thank you so much.
Krista,
I recommend re-applying through the Social Security Administration for Supplemental Security Income (SSI). Please call SSA at 1-800-772-1213. Good luck.
I filied for disability in december 2010 and went through 2 denials and are now waiting on the hearing date.I have a diagnosis of major depression with psychotic fecutures and seizures (which the seizures started in 2006).How does my case for approval look and whats the main thing that I Should be talking about in the hearing?Also should I apply for ssi rather than ssdi by it self?And does applying for General assistance help or hurt my case?
Ryan,
Unfortunatly, we cannot determine your chances for approval solely on a diagnosis. It depends on the extent of treatment medications, and what is documented in the medical records. We are unable to provide what you should talk about at your hearing without more information. If you are looking for assistance, I calling Freedom Disability to see if we can represent you at the hearing. Also, when filing for disability (SSDI) SSA will automatically file SSI to see if they are eligible; however, most people are not eligible for both. I hope this helps! Good luck.
me and my sister both apply for social security disability clalm.we both been in the hospital in december 2012 for heart problems.i have congestive heart failure and edema in both legs till leak fluid and she had an heart attack and lupus.we both force to quit our jobs ,her boyfriend had a job at a local steakhouse until it closed in 2012 of bankrupcy and his unemployed benefits ran out and 14 years old daughter loves ballet and in drama class.we too risking being evicted at end of march from rented house by a greedy landlord an indian doctor.out in the street.we don’t know what we going to do.disability claim takes forever.please pray for us.i can imaging living in the streets and disability claim still waiting.pray for us,PLEASE!!!