 |
Social Security Disability (SSD) Application: What Can I Expect |
The process can be daunting
even when you are at your best. Now, when maybe some days
you're unable to get out of bed in the morning, you have to
begin your Social Security Disability Application. Many
people consider taking on this process themselves before
they call an accredited Social Security Representative or
Lawyer. This is what you might expect:
The initial application process is actually more than one
application. You will need to fill out a Disability Report,
form SSA3368, and sign multiple copies of form SSA827,
Authorization to Disclose Information to the SSA: Some
people do this on line, others by telephone/mail, and some
go in and fill it out with the help with a Social Security
representative. The process requires completion of multiple
forms, and you will be wise to be prepared with information
concerning your doctors and other medical treatments. Even
if you see a doctor for something you don't think is related
to your disability, it may benefit you to be certain that
the Social Security Administration is aware of the
impairment and your treatment. You will also need to provide
your work history for the past 15 years, a list of the
medications you are taking, as well as explanations of your
symptoms and diagnoses. If this is an SSI claim, otherwise
known as Supplemental Security Income benefits, be prepared
to be asked about your financial picture
|
 |
|
People often ask the best
method to apply. The Social Security Administration prefers an online
application at
www.ssa.gov . At this time only Social Security
Disability (SSD) and not Supplemental Security Income (SSI)
can be on line. Also, there are a limited number of times
you can go back into the site before your application is
lost so you'll want to make sure you have everything ready
and a fairly good block of time to complete it. Some persons
are just not comfortable putting their information out there
in cyberspace. However, the Social Security Administration
is doing more of their business on line and much of your
vital information is already in their computer system. I'm
convinced the old method of paper files created a number of
other problems in addition to the security breach they also
posed.
If you chose to go into your local Social Security office to
do your application, you may want to call for an
appointment. To schedule for an in-person Social Security
Disability application, or an appeal you can call their toll
free number at 1-800-772-1213. This may be helpful for
someone who is illiterate or blind. Certainly someone with a
compromised immune system may not wish to be in a highly
public area. The Social Security office may be located in an
area that you will have to pay for parking, often a downtown
location where it can be rather expensive to someone who is
without an income. Unforeseen lengthy wait times sometimes
happen even with an appointment.
If a person does not have the computer access or skills, or
wishes to avoid a face-to-face application, they may call
and ask that the application be mailed to them and schedule
an appointment by telephone In consideration of others, it
would be appreciated that you not appear in person if you
have a communicable disease or illness. If you have
difficulty holding a phone, or hearing on a phone you may
want to forgo any thought of this method. If your disability
is due to loss of use of you upper extremities, such as
carpal tunnel syndrome, thoracic or cervical (neck)
disorders, you may want to consider that you will be on the
telephone for some time.
Having completed this
process, Social Security will begin consideration of your
claim. In fact do not expect to speak with the decision
maker, but be aware that every person you talk with and or
reads your file my put in information that could potentially
help or hurt your claim. The wait time until you get a
decision of whether or not your claim is accepted varies
greatly from region to region as well as what other things
are going on in Washington, the number of applications, the
state of the budget, or any number of situations. In the
greater Rochester Area, I'd say over the past twenty years
is has usually taken between three to six months to get an
answer. You may be surprised to learn you've won your claim
when you find some unexpected money suddenly appear in a
bank account. I'm getting ahead of myself here. While
waiting for a decision from your application, you may or may
not be sent for a consultative exam by an independent
doctor; one the Administration has chosen and paid for. You
may actually see more than one doctor such as a psychiatrist
and a medical doctor if your condition merits it. You can
also expect to receive a packet requesting information about
your activities of daily living and another packet
requesting information about the work you did and the
specifics involved how that work was performed. If your
doctors are not responding to Social Security's requests for
records and/or medical opinion about your condition, you
will likely receive a letter letting you know that also.
Upon receiving such notification you may want to call that
doctors office and ask them to respond quickly.
APPEAL YOUR SSD DENIAL Contact Me For More
Details Here >>
If you are denied, you have 60 days, plus five days for
mailing to appeal. Please note holiday and weekend days are
counted in that 60 days and don't forget that some months
have 31 days. In some areas of the country a Request for
Reconsideration, form SSA 561 is required. Other areas
currently skip this step altogether, although there have
been rumors that it may be reinstated everywhere, and a
Request for Hearing by Administrative Law Judge, form
HA-501-U5, is completed.
In the following weeks, you can expect to get a letter
explaining a little about the hearing process. A confusing
part in this letter seems to be the explanation that Social
Security will let you know 20 days in advance of a scheduled
hearing; I frequently get calls from claimant's who believe
that there hearing will be in 20 days. The time it takes to
get your hearing date depends on Social Security's backlog.
On June 20, 2011 Social Security issued a press release
reporting that in May 2011 the average processing time for a
hearing decision was less than 354 days, while in August
2008 the averaged wait time peaked at 532 days. (Note: they
also reported 130,000 more hearing requests in 2010 than in
2008.)
You finally get your hearing date! Maybe someone has filled
you in on what will happen at a hearing, what to wear, what
to bring, etc. You believe that you see the light at the end
of this tunnel and you will at least have a definitive
answer. No. Few Judges will give you an answer the day of
your hearing. You again, do what Social Security seems to be
best at doing – making you wait. Again, the times vary but
usually within a few weeks you get your decision. Of course,
you want it to be favorable, and if it is you will likely
get some money within the next two months, possibly within
weeks.
*The Social Security Administration is working toward
the elimination of their sending out paper checks. In the
future, those that do not have a bank account for direct
deposit will be issued a debit card.
You will receive your
back due benefits, that is, the benefits that you should
have been collecting monthly during the time that you waited
for a decision. Be aware that you will not receive benefits
for the first five months of disability regardless of your
condition, if this claim is for SSD. If you did not file for
benefits immediately after you stopped work, you can collect
up to a full year's worth of benefits before application.
This means you can be out of work due to total disability
for up to almost a year and a half before you start losing
money. SSI is based on the date of application, so you will
want to file immediately if you are entitled to SSI.
You may be asking, "But, what if I lose?" The next level in
this process would be a written appeal to the Appeals
Council. This is a request that the decision be reviewed
because you believe that the Judge made an error. Keeping in
mind that if the Judge's opinion of disability does on
coincide with yours, he may have applied all the correct
standards and your decision will be upheld. Appeals Council
may also reverse the decision, or remand it back for another
hearing. You do not appear before the Appeals Council. Of
note the vast majority of Appeals Council decisions uphold
the Administrative Law Judge's decision. There are
additional levels of appeals that get progressively more and
more complex and begin to require filing fees.
|
|
|
 |
DO I
NEED A LAWYER OR REPRESENTATIVE?
The best course is to have competent representation before
going into a hearing. Better yet, speak with me before you
even apply. Yes, you may know someone who won "on their
own", without representation. The price of losing because of
ignorance far exceeds the expense of winning because your
representative knew the pitfalls. In fact, in most
situations, I work for free unless you win. My fee is based
on what you get paid, and has to be approved by the Social
Security Administration, so you aren't surprised. Generally
the amount is 25% of your back due benefit, or less, as the
government sets a fee cap should you receive a very large
amount of retroactive benefits. Currently, the cap is such
that you do not fees for anything you receive over
$24,000.00.
There is no charge for a consultation. I can help you sort
through some of the tough decisions. There may be a best
time to apply, or factors that need to be addressed before
you start. You may not know if you would not be eligible, or
you may think you are and lack some very basic criteria to
be entitled to benefits.
|
|
|
I want my clients to work
and focus on their health. I tell them to let me worry about
the case. Of course, it may be unrealistic because of the
financial burdens of losing an income, increased medical
expenses, and simply adapting to different ways of doing
things with a disability. I'll do your paperwork, review
your files, prepare you case to give it the best possible
chance of winning as quickly as feasible. More importantly,
I will answer your questions and guide you through the
process. Even after your case is won and you've been paid. I
welcome those occasional questions that sometimes come years
later.
Bottom line: I'm here to help you.
|
|
|
