Most People Turned Down on Initial Social Security Disability Application
According to Social Security Office of Disability Programs, for Fiscal Year 2007, in Indiana 67.5% of all applications for disability benefits were denied at the Initial Level. At the Reconsideration level, 93.8% are denied.
I try to warn clients that most claims are denied at these levels because everyone thinks the ‘other guy who really does not deserve it will be denied, but I will not.’ These statistics prove that most people should be prepared to be turned down and should be prepared to go to hearing. They should not go it alone thinking they have a good change to win without someone who knows the rules . They need to know when to hire an attorney to represent them.
SGA – Substantial Gainful Activity- Presumptive Amounts
At Step One of the Five Step Sequential Analysis , Social Security determines if you are engaged in Substantial Gainful Activity (SGA). When you work for someone else and are not self-employed, SSA usually uses a “rule of thumb” to determine if someone is engaged in SGA. According to this “rule of thumb” if you earn a certain dollar amount or less, you are usually not considered to be engaged in Substantial Gainful Activity. Read more
Five Step Sequential Evaluation
Social Security uses a 5 step sequential evaluation process to decide your claim. Read more
Celebrate Our Liberty and Rights
I hope you have a fun and safe Fourth of July. It is a great time to celebrate our liberty and rights. The holiday is known as Independence Day because our forefathers had to fight for our liberty and rights. The government of that time (British) did not want to recognize the rights that we were claiming. It was only by our forefathers fighting hard and not giving up that we have our rights today.
No one man could do it by himself. Read more
Medical Impairment, Ability to Work, & Social Security Disability
I previously discussed Medical Impairments and Social Security Disability. Sometimes claimants forget that Social Security only pays disability benefits if you can prove that it is your medical impairment(s) that prevent you from working. SSA does not pay for bad attitudes (unless it is a diagnosed personality disorder that is rather severe), the factory closing, or ‘I just for some unknown reason can not work’. You have to prove that it is your medical impairment that prevents you from working.
When you are proving that it is your medical impairment that is keeping you from working, Read more
When Should I Hire An Attorney For My Disability Case?
I recently was the moderator of a panel discussion at the Indiana Continuing Legal Education Forum Social Security disability seminar “Persuasion at Social Security Hearings: Beyond the Mechanics at ODAR Hearings”. During another part of the seminar, an attorney was asked when he would begin representing clients in their Social Security Claim. He responded that he would not represent a claimant until they had been turned down at least once. I used to do it that way.
When I first started representing claimants in 1994, I also would not take a client until they had been turned down at least once. I reasoned that if someone could be approved on their initial application without an attorney, why not let them go ahead on their own and find out if their claim could be approved. They could save an attorney fee and it would not hurt their case if they did lose, so why not wait to see who really needed an attorney to help them?
But then I started to notice something. When people applied by themselves, they were making it harder to win their case by not having an attorney at the beginning to explain to them the rules of Social Security. They were unknowingly lowering the odds for success at that stage and at the appeal stages. They were not realizing that they were making strategic decisions that might ruin their claim before some administrative law judges. They did not have someone to help them figure out what was the relevant evidence that they needed to be sure they presented to Social Security. I figured out that I was wrong-people were hurting their case by not having an attorney at the beginning of their case.
Several years ago I decided that I had to start taking claimants as clients as soon as possible. Claimants needed to be represented before they filed their claim. If I made a claimant wait until they were turned down before I would represent them, their not knowing the rules put them at a disadvantage: bad evidence was created, good evidence was not brought forward, other strategic choices were being made that could not be undone, and good claims were being unnecessarily tainted with misinformation.
Do not wait to hire an attorney. Get competent help before you file so that the job will be done correctly from the beginning. Do not hope that the attorney can tear out the bad and re-do it. Do it right the first time. It can shorten the whole disability process. Get an attorney that will represent you from the beginning of your claim. Have someone on your side that knows the rules of Social Security and can explain them to you.
Do You Know the Rules of Social Security?
In January of 1968, in the second season of Star Trek, Captain James T. Kirk invites the mobster Jojo Krako to play a card game of Fizzbin. Krako, who plays a lot of card games, accepts even though he does not know the rules. Kirk deals the cards. Kirk and Spock then begin to turn over the cards of Krako’s hand. His hand reveals face cards (King, Queen, Jack). Krako is excited as he says he has a good hand. Kirk then tells him that in Fizzbin a King is bad, a Queen is bad, and a Jack is bad. In fact, Kirk says, Kirk’s hand of low cards is the winner and Krako has lost. When I saw the program, it was obvious to me that Kirk was making up the rules as he went. There was no way that Krako could win because he did not know the rules. If you want to purchase the DVD so you can see the whole episode, click here Star Trek DVD
Many claimants go about their Social Security Disability claim in the same manner. They do not know the rules and believe anything that anyone at Social Security says. If someone from the Disability Determination Bureau says that you have to go to an examination by one of their doctors, how do you know any different?
Other times a claimant is like Jojo Krako because something in the process is so familiar that they do not question it–they do not realize that under the rules of this game, a King is not a good thing to have. A good attorney who has had years of experience dealing with Social Security will be able to tell you the rules and warn you ahead of time about them so that you can make the best presentation of your case.
Do you know all the rules of Social Security Disability? How big of a gambler are you with your case?
