Social Security Disability Lawyer Blog

1. Your income is too high

Some people who apply for Social Security disability continue to work during the claims process. If they earn more than $1,000 per month (in 2011) and apply for benefits under the Social Security Disability Insurance (SSDI) program, their claim will be denied. SSDI is the disability benefits program for people who have paid into the Social Security system for several years.

People who apply for disability benefits under the Social Security Income (SSI) program, which is for low-income individuals, will be denied benefits if they earn more than $1433 per month (in 2011). These income limits, which are known as substantial gainful activity (SGA) limits, are adjusted on an annual basis.

2. Lack of medical evidence

Many Social Security disability claims are denied because of a lack of solid medical evidence. In order to be approved for disability benefits, you must present medical evidence that your impairment interferes with your ability to work. The medical records provided by your treating physician carry far more weight than the results of a medical exam ordered by the Social Security Administration (SSA). To maximize the chances that your disability claim will be approved, describe to your doctor how your symptoms interfere with your ability to work.

3. You haven't followed your doctor's treatment recommendations

If your treating physician has prescribed treatment and you haven't followed your doctor's orders, the SSA may deny your claim. There are, however, legitimate excuses for failing to follow your doctor's orders, such as having a mental illness that prevents you from being able to follow the prescribed therapy or not having enough money to pay for treatment. If you have a valid reason for not undergoing the prescribed treatment, make sure you bring it up during the claims process.

4. Your disability won't last long enough

To qualify you for disability benefits, your impairment has to be severe enough to last at least 12 months or result in your death. Only claimants who are blind are exempt from this requirement. Many applicants are denied benefits because their disabilities are only temporary. For example, a bone fracture resulting from a car accident is unlikely to cause a disability that lasts for 12 months or longer.

5. You won't cooperate

It is important to provide the SSA with requested documentation and show up for your consultation examination (CE) if you want your claim to be approved. If you fail to release medical records to the SSA or skip a scheduled CE, your claim will be denied. If you can't make it to a scheduled CE for whatever reason, have it rescheduled.

The second disability appeal is a request for a hearing before an administrative law judge (ALJ). Statistically speaking, ALJs are far more likely to rule in your favor than DDS examiners, who handle your initial claim and first appeal. DDS examiners are less likely to approve your claim because they make decisions based on your medical records and don't speak to you in person. Therefore, you don't have a chance to describe the severity of your symptoms. Furthermore, your first appeal is unlikely to get approved without the addition of new and significant medical evidence since it's also handled by a DDS examiner.

Why the Second Appeal Makes a Difference

The second level of appeal consists of a hearing, which gives you the chance to talk to an ALJ about your symptoms and how they limit your ability to perform daily activities. Furthermore, at a hearing, you can answer any questions that the ALJ has about your impairment. You also have the option to hire a Social Security disability attorney to represent you at your hearing. An attorney can develop a persuasive argument and present your medical evidence in the best possible manner.

Another reason why the second appeal is different from the first appeal is that the statement from your treating physician carries more weight. The statement provided by your treating physician gets little consideration on the first appeal because DDS examiners tend to give preference to the medical opinions provided by the doctors who work with them. And since those doctors never meet you in person and base their opinions solely on your medical records, it's a major disadvantage.

You can receive presumptive disability payments for up to six months. In order to qualify for presumptive disability payments, there must be sufficient evidence showing that your claim is likely to be approved. However, even if the SSA is sure that your claim will be approved, you are not eligible for presumptive disability benefits unless you meet the income limit requirements, as the SSI program is need-based. Furthermore, you will not qualify for presumptive disability payments under the SSI program if your initial claim was denied and you're in the process of filing an appeal.

How It Works

When you apply for SSI benefits, the person handling your claim will send your case to the state's Disability Determination Services department. At this point, the SSA will determine whether or not you qualify for presumptive disability payments. To be eligible, you must have a disability that is likely to result in the approval of your claim, such as the following:

 Amputation of a leg at the hip;
 Total deafness;
 Total blindness;
 Bed confinement and immobility without a wheelchair, walker, or crutches, allegedly due to a longstanding condition;
 Stroke more than three months ago and continued marked difficulty walking or using a hand or arm;
 Down syndrome;
 Cerebral palsy, muscular dystrophy, or muscular atrophy and marked difficulty walking, speaking, or coordinating hands or arms;
 Severe mental deficiency;
 HIV or AIDS;
 Terminal illness with a life expectancy of six months or less;
 Spinal cord injury producing an inability to walk without the use of a walker or bilateral hand-held assistive devices;
 End stage renal disease requiring chronic dialysis;
 Lou Gehrig's disease, also known as amyotrophic lateral sclerosis (ALS).

The amount of your presumptive disability payments will vary depending on your household income and assets. After six months or as soon a decision is made regarding your SSI claim, your presumptive disability payments will be discontinued. If you are found not to be disabled or blind and are denied SSI benefits, you will not be required to pay back the presumptive disability payments you received.

Want to Know If You Qualify for Presumptive Disability Payments?

If you have a disability and need to file a Social Security Disability claim, you may be thinking about hiring a lawyer to apply for benefits on your behalf. Although working with a Social Security Disability lawyer isn't mandatory, studies have shown that hiring legal representation can significantly increase your chances of winning your claim. Nevertheless, many claimants are reluctant to take the plunge and hire an attorney because they think it'll be too expensive or they don't have any money to pay a lawyer. After all, if you have a disability and are unable to work, you're probably facing financial difficulties as a result.

Find a Lawyer Who Works on a Contingency Fee Basis

Hire a Social Security Disability lawyer who works on a contingency fee basis, or in other words, a lawyer who won't get paid unless he wins your case. That way, you won't be required to pay any upfront fees out of pocket. Just keep in mind that some lawyers who charge on a contingency fee basis do make their clients pay retainer fees or consultation fees before working on your case.

If your attorney wins your Social Security Disability case, he will be entitled to 25% of your back benefits, up to a maximum fee cap established by federal law. At the time of writing, the maximum fee cap is $6,000. The fees will come out of your back pay and the Social Security Administration (SSA) will pay them directly to your attorney, so there'll be one less hassle for you to deal with. The SSA will also deduct out-of-pocket expenses your lawyer incurs, such as photocopying fees and the costs of retrieving medical records and reports, from your back benefits. The SSA must approve the fee agreement prior to deducting any fees from your back benefits.

Social Security Disability Attorneys Are Affordable

Compared to the expense of hiring an attorney in other types of cases, the cost of working with a Social Security Disability attorney is affordable. By law, no Social Security Disability lawyer is allowed to charge more than 25% of past-due benefits. On the other hand, personal injury lawyers, who also offer contingency payment plans, charge up to 40% of the claimant's award.

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