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The process of applying for Social Security Disability (SSD) is long and tough. But there are some things you can do to make the process go more smoothly, and to increase the chances that you'll be approved. David Henson, managing partner of HensonFuerst Attorneys, lists the top seven things you should do when you apply for SSD.
For more information about many other legal issues related to Social Security Disability, please visit our website at http://www.lawmed.com/socialsecurityd.... And don't forget to watch our other videos at / hensonfuerst .
(Principal office of Henson & Fuerst, PA: 2501 Blue Ridge Road, Raleigh, NC 27607)
Social Security Disability is a safety net for people who become too sick or injured to work anymore. But disability claims are difficult to prove. The process is long—well over two years in most cases—and the system seems determined to deny as many cases as possible.
Hi, I'm David Henson, managing partner with HensonFuerst Attorneys. If you are unable to work and plan to apply for SSD benefits...or if you have already applied and have been denied, there are 7 things you can do to improve your chances of being approved.
1. Don't give up! More than half of all claims are denied at the initial stage of application...and more than 80% are denied during reconsideration. But you can reapply, and if you have proper guidance, it is possible to get approved even if you had been
2. Get proper treatment for your physical and mental conditions. The foundation of your case is your medical records. The judge will look at your diagnosis, expert opinions about your ability to work, and the history of your medical treatment. If you don't see a doctor, or if you don't follow through on treatment recommendations, the courts may see that as evidence that you are not as sick or injured as you claim.
3. Keep good records. In order to provide the courts with the full and proper documentation of your medical situation, you need to keep your own records. Keep track of all your doctor visits, hospital visits, prescriptions, assistive devices, Xrays, MRIs, and any other medical information. Keep your personal records uptotheminute, which will make life easier when it comes time to prove your case.
4. Promptly respond to any and all letters or calls from Social Security. The agency is unforgiving when it comes to deadlines and requests for information. Always respond. If you don't understand what they are asking for, call and ask. If you think you've already sent what they are asking for, send it again.
5. Get RFCs from your treating doctors. RFCs—or Residual Functional Capacity forms—are evaluations of your physical or mental limitations. They delineate what you can still do, despite your injury or illness. Without an RFC, a judge will have to guess what your abilities are, and if you have a type of disability that isn't visually obvious, such as back pain or a brain injury, then the judgment will not go in your favor. Get RFCs from all your doctors so that the judge won't have to guess.
6. Prepare for your hearing. The final step in gaining approval for SSD benefits is the hearing. This is your last best chance to state your case. While most of us like to make a good impression in court, this is one time when you don't want to try to "fake" how good you feel. Dress in a way that is respectful of court, which means no inappropriately casual or sexy clothing. Bring any assistive devices you normally need. You don't need to make a "good" impression, you just need to be honest and be yourself. The truth is your best preparation.
7. Work with a lawyer. In my opinion, having a good lawyer work with you on the case is just as important as any other preparation. An experienced SSD attorney knows the system, how it works, how to improve your chances for approval.
This is David Henson, of HensonFuerst Attorneys. For more information about your legal rights with regard to Social Security Disability, please visit our website at lawmed.com/SocialSecurityDisability. And to talk with us about your specific case, feel free to contact us at 18004LAWMED. If you have questions, HensonFuerst has answers.