SSDRC

  Social Security Disability SSI Resource Center Archive Directory

Thursday, October 23, 2008

Social Security Disability Issues and Representation

People who file for social security disability or supplemental security income (SSI) benefits and have been turned down by their state disability determination services (DDS) agency (disability examiners at DDS make the actual decisions for the social security administration) should obtain legal representation as soon as possible. Why? Because, if your initial claim is turned down, your appeal (this first appeal is called request for reconsideration) is likely to be unsuccessful as well. Unfortunately, reconsideration appeals are also decided by DDS, and a staggering 85% of them are denied.

If your request for reconsideration is denied, your smartest move is definitely not to give up, but to file a second appeal to have your case heard before a federal administrative law judge (ALJ). Studies have shown that ALJs are much more likely to approve disability claims than disability examiners, especially when claimants have legal representation. In fact, some statistics show that claimants who have legal representation are about twice as likely to win benefits as those who choose to represent themselves.

Why would any claimant choose to represent themselves before a federal judge? Perhaps because many do not want to pay for legal services, but this is not a valid reason to put the outcome of your disability claim in jeopardy. In disability cases, lawyers are paid only if they win the case, and there is no upfront money involved. Also, the fee that disability lawyers can charge is capped at 25% of the claimant’s total backpay, up to a maximum of $5300. This is far less than attorney fees for other types of cases.

Other individuals who represent themselves may think that their appearance will be a simple matter of going before the judge and telling their story. However, disability hearings require far more proof than a verbal recitation of your medical condition and symptoms. In order to persuade an ALJ, you must disprove the disability examiner’s claim that you are able to do your past job or other work by arguing that your skills, age, education, or other limitations prevent you from doing so.

This requires a firm grasp of the Medical Vocational Grid. A good disability attorney will review everything in your medical records and work history to find evidence that the disability examiner erred in his or her decision, and help persuade a judge that in actuality you do not fall anywhere on that grid. Most claimants have no idea what is in their disability file or the precise reasoning behind their denial, and even if they read over the information they will not have the legal background necessary to form a sound legal argument based on what they learn.

A disability attorney can also review your files to see if there are any additional medical tests or statements that could strengthen your case, or that could help you meet a blue book listing (the book of impairments that SSA uses to classify disabilities). If it is a child that is under consideration, there may be certain psychological reports or tests, even statements from teachers, needed to refute a denial. The average claimant may not even be aware of these options or know how to obtain them.



For information on Social Security Disability, visit the

Social Security Disability Benefits Resource Center






















Working while getting Disability - is it possible?
What physicians and claimants should know about Social Security Disability
A medical source statement for a Social Security Disability Case
Social Security Disability - The claimant's ability to work
Letters from doctors for Social Security Disability
Why do social security disability claims take so long?
When should you apply for Social security disability?
How is Social Security Disability Awarded
Social Security Disability Medical Records
Social Security Disability Mental Testing
Social Security Disability Representation
Qualification for Social Security Disability
How To Get SSDI Approved
Doing the SSDI Appeal Online
Apply for Disability with Depression
Social Security Disability and Back Pain
How Will Social Security Decide a Disability Case
Being Determined Medically Disabled for Social Security Disability
Eligible For Social Security Disability?
Social Security Disability Appeal
Social Security Disability Denied
Medical Records Social Security Disability
How to Win Social Security
How to Prepare For a Social Security Disability Hearing
List of Impairments for Social Security Disability
Social Security Medical Exam
Request for a Social Security Disability Hearing
Social Security Disability Facts
Why Do Social Security Disability Claims Take So Long?
Social Security Disability Advice for Filing