Social Security Disability and Supplemental Security Income Lawyer Dirk May

Some doctors are reluctant to become involved in Social Security Disability cases because they do not understand the process.

They do not necessarily have to become an advocate in your case.

They do not even have to write a supporting letter for you.

If you remember to tell your doctor about your limitations each time you go for a visit, it can be very helpful.

For instance, telling your doctor that your back pain is constant and feels better when you elevate your feet to waist height a couple hours a day may find its way into the medical records after you tell her several times.

Telling your doctor about that your pain medications cause drowsiness and loss of concentration is also important.

Or that your hands and fingers experience numbness and tingling most of the day.

Limitations are the name of the game in Social Security Disability.

Remember to tell your doctor.

When you file your application it is sent to Springfield, Illinois for review of the medical records. This usually takes from 6 to 8 weeks.

If you are denied disability at this stage and appeal, then your case is sent back to Springfield for review. This also takes about 6 to 8 weeks.

The final appeal stage is to Request a Hearing. This usually takes 9 to 12 months for Social Security to schedule the hearing.

As you can tell it takes a long time to get to the hearing stage. Although it is faster than it has been in the past.

Why do they do this?

If you are under 50 years of age and can work any type of full time job, then you are not disabled.

A person who responds to the Judge and says they think they could work a simple sit down job, will usually be denied disability benefits.

The Judge is usually testing to see how limited you really are.

Keep in mind with these type of work questions the following:

Can you really do this work 5 days a week, 8 hours day?

How will your chronic pain affect your concentration?

How will your medications limit your energy?

How will your back or legs or arms and hands hold up after a work day?

The new Social Security rule is that you must reapply or appeal your denial.

In most cases you probably want to reapply, which means filing a new application.

Why?

You will most likely get a faster decision.

Sometimes Social Security will approve you before you have to go back before a Judge. Why is this? I do not know, but I have seen this happen a number of times.

The Appeals Council used to remand these new approvals along with the old denial for the Judge to review. This is usually a bad sign for the claimant.
I doubt the Appeals Council will review a large number of these cases since they are not on appeal before them.

The Appeals Council rarely overturns a Judge’s decision.

The Appeals Council does not usually return the case to the Social Security Judge to review the disability decision.

What do you lose out on if do not appeal?

Back benefits. Those will be forfeited. You may still get some back benefits while you wait for the new decision.

All of this advice changes if your date of last insurance has run out, or if you some major medical treatment with heavy duty restrictions.

Sometimes a good attitude makes a big difference.

During a recent disability hearing the Administrative Law Judge asked the claimant questions about his medical records.

There were references to malingering (faking) and being a hypochondriac.

The person answered clearly, respectfully, and in a reasonable manner.

The Judge accepted his answers and granted him Social Security Disability benefits.

It was a good lesson.

Answer honestly.

Do not get angry.

Explain as best you can what was going on at the time.

It can make the difference between a good outcome, and a disaster.