For most people in this situation, Social Security disability benefits are the only lifeline. This government program can pay up to $2,800 per month, plus Medicare health insurance. However, the difficulty in getting approved for SSDI benefits is well known. And, it takes a long time.
Because of the mandatory 5-month waiting period, no SSDI benefits can be paid for 5 months after you are found to be disabled. So if Social Security determines that you became disabled on June 15th, for example, your first benefit would be due in December. And since they pay one month in the arrears, the check won't actually arrive until January.
There are things you can do, however, to help yourself with a Social Security disability claim. As an advocate who has pleaded thousands of SSDI cases, I've found that the following things definitely help your case:
1. See your doctor regularly. SSDI decision makers want to see continuing medical treatment and recent medical records from your doctor(s).
2. Comply with medical treatment to the extent possible. Take your medicine. Let the doctor adjust your medications and dosage as required.
3. Tell your doctor about all your symptoms. Get it on the record! I often go before judges with claimants and the judge says, "I don't see where the claimant complained about headaches or back pain to Dr. So-and-So." If it isn't in the medical record, it didn't happen, according to Social Security. So, tell the doctor where it hurts and about all your symptoms.
4. Try to see a specialist if appropriate. If you have a heart condition, see a cardiologist. For depression or anxiety, go to a psychiatrist. For back pain, see an orthopedic doctor. If you have fibromyalgia, try to see a rheumatologist. Doctors have "pecking order" with Social Security. A specialist carries more weight than a family practitioner. And nurse practitioners, who are not doctors, carry the least weight. Try for an MD or DO (a doctor), not a nurse practitioner for your medical care.
5. Try to get imaging studies: X-rays, MRIs, ultra-sounds, etc. A picture really is worth a thousand words.
6. Don't wait too long to fire your Social Security claim. Most people don't know it, but SSDI benefits expire over time. When you stop working, a thing called your Date Last Insured (DLI) begins to creep up on you. Once that date rolls around, it becomes difficult to file a new SSDI claim. Your disability coverage with Social Security will expire one day after you stop working. File a claim before that happens.
7. Realize that nearly everyone gets denied and has to file an appeal to get approved. The odds are about 80/20 that you will be denied at the application level. And you must file the appeal within 60 days of your denial date. After that, the claim dies deader than yesterday's road kill.
8. Consider representation (attorney/advocate), especially at the appeal stage. The appeal really is a legally complex procedure and your case must be proven. Individuals sometime think they will represent themselves and keep 100 percent of their back pay. The problem is that 100 percent of 0 is 0. I believe most of my clients believe that my fee was worth it. That's most of them tell me. And there is never a fee unless you have won and got back pay from the government.
9. Get an attorney before the last minute. This may surprise you, but an attorney who works on your case for two years will probably earn the same money as one you hire 2 weeks before your hearing. The one you hire 2 weeks before your hearing just won't be as well prepared. It takes time to prepare a good (winning) disability case. A losing case can be prepared with no effort. But that isn't what you want, of course.
My firm, like most others, will give you a free consultation and case evaluation. We can answer a lot of your questions over the phone. Discussing your potential claim or appeal is always at no cost. All you need to do is call.
__________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
No comments:
Post a Comment