5 Ways to Increase Your Chances of Winning Your Social Security Disability (SSI/SSDI) Claim
The Social Security Disability/SSI claim's process can be very confusing and difficult to maneuver. Here are 5 way that will help you get the most out of your claim.
Understand exactly what Social Security Disability is: If you plan to file for Social Security Disability (SSI/SSDI), it would help you to know if the condition(s) you are alleging would qualify for disability. The most important thing you must understand about Social Security Disability is the duration requirement any applicant must meet in order to be found disabled. Any condition or combination of conditions you allege must be expected to persist for a period of at least 12 consecutive months. If you're suffering from a chronic condition that your primary care physician has been treating for at least 6 months without significant improvement, chances are this condition would likely persist for another 6 months. Without meeting the duration requirement, you will have a 0% chance of winning a Social Security Disability claim.
Adhere to and comply with medical treatment: Depending on the facts of your claim, the information found in your medical records will have a significant impact on how Social Security evaluates your disability claim. Social Security examiners and judges will review your medical history for consistent and ongoing treatment for your condition(s). If your treatment history shows gaps, Social Security will want to know why. While gaps will not automatically disqualify you from receiving disability, it will raise doubt in the minds of the individuals who will decide your claim. If your treatment is not consistent, you run the risk of an examiner or a judge to assume that the condition(s) you are alleging disability for is/are not that severe. Consistency in treatment is only half of the battle. You must be compliant with the treatment your doctors are recommending. If your doctors are prescribing medication as part of your treatment plan, you must be complaint with taking the medication as prescribed. There are exceptions to following prescribed treatment. Severe side effects to a prescribed medication is one exception. However, you must report these side effects to your doctor, so that your medical record is properly documented. Failing to take medication just for the sake of not taking it will negatively affect the outcome of your claim. Being consistent in your medical care and being compliant with treatment increases your chances of winning your disability claim by 10%. While you may think 10% is not a significant increase in your chances of winning your disability claim, that 10% may be the reason why your claim is denied or approved. I have represented individuals where the consistency and
adherence to treatment made the difference in getting their claims approved.
Complete all forms and requests for information accurately and timely: During the application process, Social Security will send forms for you to complete. While medical records are an important part of the disability claim, the forms that you complete or will have a significant impact on how your claim is evaluated. The two most common form Social Security requires an individual to complete during the disability claim's process is the SSA-3373-BK and the SSA-3369-BK. These forms contain a wealth of information that Social Security uses to properly rate your claim. Failing to fill these forms out will have a negative impact on your claim. Without the SSA-3373BK, an examiner or judge will not have an explanation from you why your condition affects your ability to work or perform your daily activities. The information from this form helps your decision maker to correlate the effects of your medical conditions to the personal statements you make on the form. This form is likely the only communication you will have with a disability examiner during the first 2 levels of the disability review process. By not completing this form, you leave your claim in the hands of someone who only has the information found in your medical records to determine how severe your condition is. Without the SSA-3369BK, Social Security has the authority to deny your claim for insufficient evidence. If your claim makes it step 4 of the process (at least 50% of disability claims make it to this step), your decision maker will not be able to complete this step. This will result in an insufficient evidence denial. While completing these forms is critical to moving your claim through, completing them inaccurately can be just as bad. I have read forms where the individual clearly didn't understand what the questions were actually asking. Because of that, the answers managed to do more harm than good. If you don't understand what the questions are truly asking, pick up the phone and ask your decision maker for assistance. While they will not be able to assist you in completing the entire form, they will be able to answer any questions you may have so that you can sufficiently complete the form. Another option is to contact a firm like mine to assist you throughout the entire disability claim process, which includes assisting in the completion of all of the necessary forms to process your claim. It goes without saying that these forms are extremely important in winning your disability claim. Getting the right information on these forms will increase your chances of winning your disability claim by 10%.
Appeal a denied claim instead of refiling a new claim: This is one of the biggest mistakes an individual makes when filing an application for disability. While there are some benefits to refiling an application (the most obvious is a faster decision), there are many negative drawbacks to filing a new claim. One, a new claim starts the process all over again. The only difference between this filing and the old one is your claim is assigned to a new examiner. Depending on how soon you refiled the application, the new examiner will reuse as much of the information from the prior filing as they can to expedite your claim. This in most cases is not to your benefit as that information was clearly not sufficient to establish a finding of disability. You have now set the course for your claim to be denied yet again. Another major drawback of filing a new application versus appealing a denied claim is the financial impact it will have on you and your family. If you filed an SSI only claim, refiling a new application will give you a new application date. So, if your claim is approved for benefits after refiling, you will only be entitled to benefits from the new application date. Social Security does not have to reopen your previously denied claim and approve that claim. So, if you filed your first application 6 months prior to the second application, you will cost yourself 6 months of payments. SSDI applications work a little bit differently. If you refile an application within the first 12 months you became incapable of working, you will be able to recoup most of your SSDI benefit payments. However, like many people filing for disability, things happen and you lose track of time. This lapse of time results in lost months of entitlement, which in turn ends up costing you money. The two biggest benefits you gain by appealing a decision versus refiling is: 1.) You protect your initial filing date, which protects the amount of money you are entitled to. 2.) Appealing any decision will put your claim in the hands of a more experienced decision maker. This decision maker may be able to identify an issue that may not have been properly developed during your initial claim. That issue could result in a finding of disability and could come in the same amount of time as a completely new refiled application. Appealing a decision will increase your chances of winning your Social Security Disability claim by 20%.
Consult with a professional about the facts of your claim: If you’re reading this, you likely already have first hand knowledge of how difficult it is to win a Social Security Disability claim. Every individual claim will follow a different path to approval. The knowledge and expertise of a professional in the field will give you the guidance you need to avoid many of the mistakes and setbacks that hinder thousands of people from receiving the benefits they need. There are many firms and organizations that will discuss the facts of your claim for FREE. Receiving a proper consultation from an attorney or non-attorney who represents Social Security Disability claimants will increase your chances of winning your Social Security Disability claim by 25%. Individuals who decide to hire a professional to assist them with their claim will increase their chances of winning by 50%. This is due in part to their knowledge of medical conditions, the vocational aspects of your claim, and the processes that Social Security will use in deciding your claim.
Speaking from my professional experience, I try to drive these concepts home to every individual who contacts my office for assistance regardless if they eventually become a client or not. My past clients will attest that assistance I provided made the difference between a denial or an approval. Consulting a professional about your claim is the best advice I can give anyone needing assistance with a Social Security Disability claim. The inside knowledge that a professional will have about the claim’s process as well as the procedures a claim will go through until a decision is made is invaluable. My firm offers consultations FREE of charge during business hours Monday through Friday. If you have questions about Social Security Disability, I have an answer for you. Get help with your Social Security Disability claim now.
Published January 15, 2020
Michael Vallien is a Baton Rouge-based non-attorney representative for Social Security Disability claims. He runs and operates Disability Blueprint, LLC, a firm dedicated to helping individuals get the Social Security Disability benefits they deserve.
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