HOW TO PROVE YOU ARE DISABLED

To get Social Security benefits, you must prove you are disabled according to a large body of law that regulates the system.  These laws and regulations are found, in part, in the Social Security Act, as Amended; in the 20 Code of Federal Regulations § 404; and in various federal and appellate court rulings that have occurred over the years.  For purposes of this discussion, I will limit myself to brief and practical tips that will help you during the application process.

  1. Fill out the application and all of the related forms fully, accurately and carefully.  You will need not only the application for benefits, but also a Work History Report, Function Report and Adult Disability Report.  These forms amount to dozens of very detailed pages.  Many applicants skimp on them, leaving them off completely or skipping over the forms.  This can get you denied and it usually will.k
  2. List all of your treating doctors, psychologists, psychiatrists, counselors and even your pharmacy, on your Disability Report - giving accurate names, addresses and telephone numbers.  If Social Security cannot contact them, they will not get the medical evidence they need to approve your claim.
  3. On the Function Report, be graphic and precise on the activities you can and cannot do.  State all activities that you need help with.  For example, if you have to sit down and rest for 30 minutes after doing one hour of housework, state that.  
  4. On the Work History Report, give accurate and precisely detailed information about each of your past jobs (within the past 15 years only).  List how much you had to sit, stand and walk on each job.  How much did you have to lift?  If you usually lifted no more than 10 pounds-- but had to unload a truck one day a week which required lifting 50 pounds, be sure to say that.  It is important. If Social Security determines that you can perform at least one of your past jobs, you will get a "step 4" denial.  This can occur because you have not adequately explained all of the duties of your past jobs.
  5.  If you have received any money from or through a past employer since your alleged onset date (the day you say you became disabled or the day you stopped working), it must be explained.  Explain such things as vacation pay or paid sick leave, pension or disability insurance payments.  These payments are allowable as long as they do not represent payment for work after the alleged onset date.
  6. Don't give up.  Only about 28 percent of disability claims get approved on the first try.  It is common to get denied and have to appeal.  If you are denied, you have 60 days to ask for a hearing.  Do so without delay.
  7. Don't simply file a new claim.  Filing a new claim over and over will get you denied over and over.  The same people look at the same evidence and make the same decision again, even if it was the wrong decision.  Kick your claim up the chain of command and get a judge to give you a new review (a hearing).  This increases your odds tremendously.
  8. If you are not a person who is good with forms and written expression, consider help with your application and forms.  Of course, firms like mine will help you file the forms.  But it doesn't have to be an attorney or professional advocate.  A friend, relative or even someone you go to church with may be able to help you complete the forms.  Again, the main thing is--don't skimp on the information your provide.
  9. Do not believe that anyone at Social Security is going to help you get approved.  They will not.  They may be friendly and may give you information.  They may provide you with forms.  But they will not work to help get your claim approved.  They are not allowed to.  That is up to you or your representative.  Even if Social Security tells you that you do not need a representative, it is not necessarily true.  That is your right, your choice.  (See my separate post on this subject).

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