HOW DO YOU FIRST GET STARTED WITH A SOCIAL SECURITY DISABILITY CLAIM?
You can file your claim online here with the SSA: https://www.ssa.gov/applyfordisability/ You can also call 1-800-772-1213 to file your claim. However, the SSA phone line remains understaffed and you will probably be on hold for a while. If you are hearing impaired, you can also call 1-800-325-0778. Finally, you can file your application in person at your Social Security office but again this will probably take longer than filing online. The Social Security office recommends you call 1-800-772-1213 prior to going to the Social Security to set an in person appointment. Here’s a link to quickly locate your local office: https://www.ssa.gov/locator/.
WHAT SHOULD YOU KEEP IN MIND WHEN YOU FIRST FILE YOUR CLAIM?
When you file your claim for disability, you will be interviewed by staff at the Social Security agency. They may talk to you on the phone or at your local Social Security office depending on what you decide. First, you want to make sure that you have filed an SSDI or Title II claim (based on your work history) and/or an SSI or Title XVI claim (based on how much money you have). Make sure you check to see if you are eligible for both because you don’t want to lose out on additional benefits that you could receive. Keep in mind you may become eligible for SSI as your household income or marital status changes.
You should list ALL of the medical problems that you are having at the time that affect your ability to work. What I have seen on past disability applications is that the claimant will only list the most serious problems they think will lead to a finding of disabled. You may feel that there is one major medical problem that SSA looks at to find disability. This is often not the case. Providing only some medical problems, do not provide the full picture of everything limiting your ability to work. For example, if you mention your spinal stenosis (back problems) but fail to mention your depression, this could have a negative impact on your case. If your past work was as a secretary, we could show the depression limits your ability to focus as a secretary and the back problems limit you to sedentary work. If you are over 50 years old, this would lead to a finding of disability under the Social Security regulations. So it is important that you think carefully about all the medical issues that you are dealing with prior to filing your claim.
You will be asked to fill out a function report. In this report, you will answer questions about your living situation and how your medical problems impact you on a daily basis. When filling out this report, it is important to clarify what exactly you can and cannot do. For example, “I am able to sweep for 10 minutes but I have to stop and rest for 30 minutes before I can get back to sweeping again. I am able to sit for up to 30 minutes before my lower back starts hurting too much. I then have to stand up and walk around for 5 minutes before I can sit back down again. I have to spend about 2 hours each day laying down to reduce the pain I feel.” Explain how you feel and what you are capable to doing on average or bad days and not only how you are doing on your best days. Make sure you are honest and don’t exaggerate your answers. It is okay to say if there are days when you don’t have symptoms or you are feeling better but explain how often that happens. Throughout this process, you are explaining to the Social Security agency why exactly you are unable to work at a full-time job 40 hours a week. I would recommend sticking to statements that answer this question. Your answers help the decision maker determine whether you are disabled and how credible you are. I have also seen ALJs be suspicious about contradictory answers. For example, claiming you can lift only 10 pounds at a time but then stating somewhere else that you have to lift your mother from time to time as part of your caregiving responsibilities.” I have seen that judges often value honest claimants and are more likely to pay those claims even when the claimant admits to things that could potentially hurt their case (drug use, working under the table, etc).
You will also be asked to provide a list of jobs that you performed in the 15 years before you became unable to work. This is called a work history report. It is very important that you are as detailed as possible and provide a full explanation of the work duties that you performed. For example, “I frequently had to lift 40 pound auto parts while working at the auto plant. Occasionally, I had to lift around 80 pound tires when asked to do so.” You will also be asked whether you were a supervisor. Make sure you are specific about whether you managed other people or not and if you had the authority to hire and fire people. Avoid putting a description of manager or supervisor (even if your boss called you one) unless you were actually in charge of other people. I have seen this to be an issue in cases where the vocational expert identifies jobs that a claimant can transfer to and the claimant was found not to be disabled.
Don’t get too discouraged if you get turned down after filing initial application. Social Security turns down a lot of people at the initial and reconsideration (or second) level). If you get turned down, you can file an appeal as soon as you get turned down. You must file that application in writing within 60 days of the date you received the notice. SSA provides some helpful information on how to appeal here: https://www.ssa.gov/ssi/text-appeals-ussi.htm.
SHOULD I HIRE AN ATTORNEY BEFORE OR AFTER FILING MY INITIAL CLAIM?
Of course, this decision is up to you. But I would recommend that you contact an attorney that is experienced with handling Social Security disability claims prior to filing the application. We often get better case results. I have more time to obtain all of the past medical records that are related to your disability claim. I also have more time to get medical opinions from doctors or medical providers through detailed statements or questionnaires. Additionally, you have the opportunity to ask me questions you have about your forms. I have often seen these opinions make a difference in a judge’s decision especially when backed up by treating records and objective evidence such as MRIs, x-rays and EMGs. An initial consultation at Pati Law Firm is free and there is no obligation for you to sign up with us. If you have questions about starting your initial application for disability, please give us a call at 843-790-7550 and we would be glad to help you get started.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Pati Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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