Useful Filing Tips for a Disability Claim

Many people with disabilities don’t know how and where to start the disability application and appeal process. This article is intended as a guide for those who need information about filing SSDI or SSI claims, working while receiving benefits, getting Medicare coverage, and other important issues. 

Hire A Lawyer

Decide if you need to hire an attorney before applying for disability benefits. An expert disability lawyer can help you avoid mistakes that could lead to delays or denials of your case. When choosing a lawyer, make sure he or she is experienced in handling Social Security claims and strictly adheres to the client’s best interests. 

Also, look for an attorney who is willing to talk with you about how your case will be handled. A good lawyer should clearly explain the process, timelines, and next steps in your case. 

Before hiring a disability lawyer, ask him or her these questions:

How many cases have you handled?

What are the results of these cases, including how many were approved?

How long will my case take?

What are the costs involved? Will I have to pay for medical reports or for other expenses along the way, if needed? 

Find A Good Doctor

Your chances of winning your claim are greater if you can prove your condition has lasted or is expected to last for at least one year or lead to death. To do that, you must have medical evidence showing the disorder’s impact on your daily life. 

A mistake people make is that they think Social Security will find their doctors and send them to examine them. But it’s the applicant’s responsibility to find a doctor. 

Getting a doctor to support your claim can be challenging. Some doctors are reluctant to provide detailed enough information, while others may not feel comfortable writing about how their patient’s condition affects his or her ability to work. 

Here’s how you can find a good doctor: 

Find a physician with experience diagnosing and treating your disability. If possible, choose one who has admitted and treated people with similar disabilities. 

Many individuals with fibromyalgia wonder, ‘Is fibromyalgia a disability?’ as they navigate the challenges of managing their symptoms and seeking accommodations in various aspects of life

Ask friends and family for recommendations. If you are already working with a doctor, ask about his or her experience in treating disability cases or contact the local Social Security office to find out if the physician has treated other applicants. 

Look for doctors who are board-certified by specific medical specialty boards. The American Board of Medical Specialties provides a search tool that enables you to find certified doctors by state, specialty, and hospital affiliation.

Start Early

You should file for Social Security disability benefits as soon as you can because the process may take a long time. Also, t’s in your best interest to file a disability claim as soon as you can because if you wait, it may affect your benefits. The later you file, the lower the monthly payment will be when they are approved. 

Even if your claim is denied, you will have an opportunity to appeal through an administrative hearing. 

The Social Security Administration (SSA) has a detailed list of the steps in its multi-step evaluation process. The first step is to get your application considered by an SSA claims examiner who will develop an initial determination, which can be appealed within the SSA system. Most applicants are denied at this stage and should request a reconsideration, which is often done online. Applicants who disagree with the decision at this stage can appeal to an administrative law judge (ALJ), who will hear and review your case and give you a chance to present evidence and witnesses. The ALJ has limited time to review cases, so it’s important that you know what documents and information you should provide to receive a fair hearing.

The SSA recently announced an effort to shorten the time it takes to reach a decision, which will include revising its process for assigning claims to ALJs. The goal is for 90% of all appealed claims, including reconsiderations and ALJ hearings, to be decided within 60 days.

Time Limits

To be eligible for disability benefits, you must have worked long enough and have a medical condition that prevents you from working. To receive disability benefits, your medical condition must be expected to last at least one year or result in death. The Social Security Administration has strict guidelines about what conditions qualify. In addition to being diagnosed with a medical condition, you must have worked long enough and paid Social Security taxes. 

In 2017, the average processing time for all new applications filed at 13 state agencies was about four months. In some states, it took as little as two months to process an application while in others, six months or more were needed. For applicants who appealed a claim after it was denied, the average processing time ranged from 10 to 16 months.

No Fee

Filing initial applications and appealing denied claims are free because Congress has mandated that these services are available at no cost. However, there are other costs associated with the application process. 

You can request a fee waiver if you can’t afford to pay for an attorney or the costs associated with your disability claim. The SSA usually requires supporting documentation, which may include proof of income and copies of your federal tax returns. If the SSA grants your fee waiver, you will not have to pay any fees or costs associated with your application.

To get a fee waiver for an appeal, you must prove that you cannot afford to pay for an attorney and that your case has merit. The SSA calculates the level of need-based on income and expenses, and typically requires a detailed statement of assets and liabilities, including property owned, vehicles, checking and savings account balances, alimony or child support payments, retirement accounts and other information.

Keep Good Records

The key to successfully appealing your case with the SSA is documentation.

If you are working while receiving disability benefits, keep track of the amount of money you receive from work, including pay stubs and other documentation that shows your earnings. If you have someone acting on your behalf, such as an attorney or family member, make sure you keep them informed of any changes to your condition and your ability to work. 

The SSA suspends payments if it believes you failed to report earnings or lied about your work activity and your condition has improved and you can return.  Also, you may have trouble being approved for Social Security disability benefits in the future if the SSA finds out you withheld information.

Filing for disability benefits is a complicated process. However, knowing the basic information about the process and how to gather documents will give you an advantage in filing your application. Also, hiring a lawyer is essential.