Social Security Disability Lawyer Blog

While it's possible to win a Social Security disability case without professional help, the chances of doing so are slim, particularly at the hearing level. Some disability attorneys are highly familiar with the Social Security Administration's (SSA's) rules and have several years of experience that they can lend to your case. They know exactly what paperwork you need to gather and how to present the information. They can also help to relieve the stress that comes with applying for Social Security disability benefits by simplifying the process and ensuring that you meet deadlines. Attorneys do not get paid if they lose your case. They only get paid if they succeed in getting the SSA to reach a favorable decision.

Attorney or Advocate: Which Is Better?

Once you decide that you'd like to hire a professional to assist you with your case, you may wonder if it's better to hire a disability attorney or an advocate.

The primary difference between a disability advocate and a disability attorney is that an advocate does not have to undergo years of schooling or hold a license to practice. On the other hand, disability attorneys have to graduate from law school and pass their bar examinations. Although there are some qualified disability advocates out there, advocates aren't as strictly regulated as attorneys, and therefore may not be as familiar with the legal complexities of the Social Security disability application process.

Disability advocates and attorneys typically charge the same fee (around 25% of your Social Security back payments), so most claimants to choose to hire attorneys to represent them. By hiring a licensed Social Security disability attorney with a positive reputation and a proven track record, you are likely to get the best representation possible.

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The primary difference between these two programs is that the SSI program is financed through general revenues from taxes and is not based on your work history. The SSI program provides benefits to adults who are disabled or blind, children who are disabled or blind, and elderly people over the age of 65. In order to be eligible for SSI benefits, an individual must have limited income and resources. On the other hand, the SSDI program is financed with Social Security taxes. In order to be eligible for SSDI benefits, a worker must earn sufficient credits based on taxable work. If you have limited income and resources and have worked and paid Social Security taxes in the past, you may be eligible to receive benefits from both programs.

How the SSA Determines Whether You Qualify for Benefits

The SSA determines whether you qualify for the SSI or SSDI program by evaluating your resources, work history, and income. The SSA also examines your medical condition to see if you meet their definition of disability. In order for the SSA to consider you disabled, you must be unable to do the work that you did in the past and unable to adjust to other types of work because of your medical condition. In addition, your disability must last or be expected to last for at least one year or to result in death.

If you have enough work credits, apply for the SSDI program. The amount of monthly SSDI payments is based on your payroll contribution. If you don't have enough work credits and have limited income and resources, apply for the SSI program. The only way you can receive both SSI and SSDI benefits is if your SSDI benefits are less than the Federal Benefit Rate (FBR) for SSI payments. As of 2011, the FBR for SSI payments is $674 per month for an eligible individual and $1,011 per month for an eligible individual with an eligible spouse.

That means if you receive $800 per month from the SSDI program, you will not be eligible for SSI payments since you're already receiving more than the FBR. But if you receive only $500 month from the SSDI program and you're also eligible for the SSI program, you may receive an additional $174 per month to bring the payment amount up to the FBR.

Need Help Applying for SSI and/or SSDI?

People who have PTSD suffer from feelings of anger, fear, and confusion that interfere with their daily lives and ability to work. Some of the more common symptoms of PTSD are as follows:

 Avoiding situations that remind you of the traumatic event
 Having difficulty expressing your feelings
 Reliving the traumatic event
 Experiencing irritability or anger
 Feeling guilt or shame

Symptoms typically appear within three months of the traumatic event, but sometimes it can take several months or even years for them to surface. In some PTSD sufferers, the symptoms come and go. Many sufferers of PTSD also struggle with substance abuse, employment, and relationship problems. The diagnosis of PTSD is based on a psychological evaluation.

How to Get Approved for Social Security Disability If You Have PTSD
Some PTSD sufferers get approved for disability benefits if their medical records satisfy the requirements of Section 12.06 in the Social Security Administration's (SSA's) Blue Book. The Blue Book, which categorizes PTSD as an anxiety disorder, states that:
"The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in both A and C are satisfied.
A. Medically documented findings of at least one of the following:
1. Generalized persistent anxiety accompanied by three out of four of the following signs or symptoms:
a. Motor tension; or
b. Autonomic hyperactivity; or
c. Apprehensive expectation; or
d. Vigilance and scanning; or
2. A persistent irrational fear of a specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation; or
3. Recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom occurring on the average of at least once a week; or
4. Recurrent obsessions or compulsions which are a source of marked distress; or
5. Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress;
AND
B. Resulting in at least two of the following:
1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration.
OR
C. Resulting in complete inability to function independently outside the area of one's home."
In addition, there must be documentation of anxiety reaction in cases involving PTSD. The documentation of these anxiety reactions must describe the nature, duration, and frequency of these reactions, as well as their functional effects and factors that precipitate or exacerbate them. Ideally, a doctor or psychologist who has treated you will write the description. If professional observation is not available, other people who have observed you may write it.

Medical Vocational Allowance
Most claimants' PTSD is not severe enough to meet the requirements of the Blue Book listing. The majority of Social Security Disability claims for PTSD are approved via medical vocational allowance. In order to qualify for medical vocational allowance, your condition must be severe enough to prevent you from engaging in past relevant work or switching to another type of work that provides a substantial and gainful income.

Review Your Denial Letter

The denial letter you get from Social Security will include a list of all of the medical records that were used to make the decision. Go over the list to make sure that all of your medical records were reviewed. If you feel that some important records are missing from the list, obtain copies of those records, so you can take them to your hearing. You should obtain two copies: one to send to the ALJ and one to take with you to the hearing. If you have a Social Security Disability attorney, he should have copies of the records, as well.

In addition, the denial letter will explain specifically why your claim was denied. Examine Social Security's rationale behind the decision to determine what sort of evidence you need to come up with at the hearing in order to get your claim approved this time around.

Ask doctors who have treated you to write letters explaining how your medical condition interferes with your ability to work. While these letters alone won't make or break the ALJ's decision, they'll serve as supporting evidence that demonstrates how your medical condition affects your ability to perform job-related tasks.

Prepare Specific Explanations of Your Ability to Perform Job-Related Tasks

When testifying before an ALJ, it's essential to be as specific as possible about your ability to perform various job-related tasks, such as sitting, standing, walking, lifting, carrying, and stooping. For example, rather than saying, "I can't sit for extended periods," say, "I can't sit for longer than one hour because I start to experience excruciating lower back pain."

Get a Statement from a Non-Medical Source

If you have a spouse, caregiver, sibling, parent, child, friend, or neighbor who is aware of how your disability has impacted your life, consider getting a statement from that person and adding it to your claim file before the hearing. Prior to the case, the ALJ will review the forms and records in your claim file. Statements from non-medical sources that are familiar with your condition often serve as a powerful form of evidence in your favor.

Hire an experienced Social Security Disability Attorney

According to the SSA's definition, your past relevant work experience is any work you've performed in the last 15 years. In order to qualify as past work experience, the work must have been full-time and performed for three months or longer in exchange for compensation. Past relevant work experience is considered at step four of the five-step evaluation process that the SSA uses to determine if you're disabled.

When you're filling out your application for Social Security disability, provide as many details as possible about your previous work experience. If you're vague about your past work experience in your application, it may affect your chances of receiving benefits.

It's also important to provide details about any education or training you have in your application, so the SSA can determine whether you'd be capable of performing other types of work. Determining whether you're able to perform other types of work is step five in the SSA's five-step evaluation process. If the SSA determines that your condition interferes with your ability to do the work you did previously and they find that you're also unable to adjust to other types of work available in the national economy, your claim will be approved.

Evaluating Residual Functional Capacity
When deciding whether you're capable of performing your past work, the SSA will review the physical and mental requirements of your previous jobs. They will also evaluate your residential functional capacity (RFC). Your RFC is the work you're capable of performing despite your physical and mental impairments.

The SSA measures your RFC by reviewing your medical records. They will also have your treating physician fill out an RFC form. The RFC form gives your doctor the opportunity to describe why your medical condition makes it impossible for you to return to work. Having your doctor fill out the RFC form completely and accurately with the help of a Social Security Disability attorney is recommended if you want to maximize the chances that your claim will be approved.