Austin Social Security Disability Lawyer

Ways to Ensure a Successful Social Security Disability Claim

If you are injured or have a medical condition that has prevented you from working, you may be wondering if you should apply for Social Security Disability benefits. Both SSDI and SSI claims can take a long time to process. It is not unusual for the Social Security Administration to take more than 90 – 120 days to reach a determination. During that long waiting period applicants can experience a great deal of financial stress, so if you have a disability, you should apply as soon as you are eligible. Most applicants are eligible the day after they stop working or the day after their income drops below SGA level ($1,310 per month in 2021).

Of course, this assumes that an applicant’s mental or physical condition qualifies as a disabling impairment. To qualify for SSDI, you must prove that you have a “medically determinable physical or mental impairment(s)” that prevents you from working and that your illness or injury will last for at least 12 months or result in death. Though the filing process can be long, there are several steps you can take to make sure your claim is processed as quickly as possible and that you will be approved for disability benefits.

1. File your claim as soon as you are disabled to establish a date of onset. Once you are no longer able to work because of your disability there is no reason to wait. Filing a claim will establish a “date of onset,” the date you allege on your application that you became disabled. The date of onset, or AOD, will determine how much backpay you are due once you are approved. The onset date can also affect whether or not your claim is approved because you must be disabled, or expected to be disabled, for 12 months to qualify for disability benefits. The date of onset marks the beginning of this 12-month durational requirement.

2. Complete all claim forms correctly and fill in all required details to the best of your knowledge. These forms are extensive and you will need to provide a lot of information in addition to your basic contact information, but the more information you include on your initial application, the better your chances of being approved. Do not leave anything out or Social Security may issue a quick denial. If you are unable to complete the form because of your disability, for example, if you are vision impaired, or you find the forms confusing or overwhelming, ask a trusted friend or family member to help you. You can complete a Social Security Disability claim form online (see: https://www.ssa.gov/benefits/disability/apply.html) or call Social Security toll free at 1-800-772-1213.

3. Watch for filing deadlines. After you submit your application and Social Security has reviewed your case, the agency will send you a letter either granting or denying disability benefits. It is not unusual to receiving a denial letter after your initial application; approximately 70% of applicants are denied disability benefits on initial application. But you will have the opportunity to appeal the decision. There are four levels of appeal: request for reconsideration, hearing before an administrative law judge, Appeals Council review, and federal court review. At each stage of the appeals process you will be given dates where you can appeal Social Security’s decision. It is of the utmost importance that you pay attention to these deadlines and not ignore them or forget them, or you will lose your opportunity to appeal your case and your chance to receive Social Security Disability benefits.

4. List all sources of medical treatment in your application. Include names, addresses and phone numbers of your primary care doctor, specialists, and other healthcare providers like physical therapists and acupuncturists.

5. Submit copies of medical records with your application. Social Security will request records from your medical providers, but you can streamline the application process if you provide as much medical evidence as possible when filing your claim. It is also helpful to alert your doctor and medical providers that you are applying for disability benefits and ask them to cooperate with any requests for information from Social Security.

6. Keep up with your case. Once you have filed your application, it’s a good idea to call Social Security to check on the status of your claim. Make sure that Social Security has all the documentation it needs and ask if you can provide any other information. Check your email and text messages frequently to make sure you can respond to messages and requests from Social Security in a timely manner.

7. Cooperate with Social Security. Your medical records may be the most important part of your claim, but Social Security may need more information about your condition because your doctor’s records are incomplete or because you have no regular medical provider. In some circumstances, Social Security will request that you be examined by one of the agency’s doctors. Known as a consultative examination, this exam is conducted at government expense and it is best that you comply. If you refuse to comply, Social Security may be forced to make a determination based on incomplete medical records.

8. Make sure Social Security has your current contact information. If Social Security is unable to contact you, you may miss deadlines and important communications about your case and risk losing your disability benefits. If you move, contact Social Security with your new address and be sure to provide Social Security with all phone numbers and email addresses where you may be reached. Having access to email and texts can make this easier, but not all applicants have updated technology. If you do not own a computer or cell phone, a family member, friend or personal representative may be able to offer assistance. If you are experiencing homelessness, you should let Social Security you are homeless during the application process and provide contact information for a personal representative. Remember, no matter what your personal circumstances are you can always call Social Security with updated information and changes in your circumstance.

9. Enlist the support of your doctor and medical providers. Your doctor and healthcare providers are important allies in winning approval of your case. Ask your healthcare team to provide statements describing your limitations and how they affect your work