Here’s What You Should Do Now That You’ve Filed Your Social Security Disability Claim

Keep Track of Challenges you Have During the Day

You’ve filed for Social Security Disability (or SSI) because you’re unable to work due to an injury or illness.  Great job!  But now what can you do to set yourself up of the best possible chance of success?  

Here are four things to do for anyone who has filed a social security disability claim.


Keep Going to the Doctor

 

It’s incredibly important that you continue to go to all scheduled medical appointments.  If the Social Security Administration determines that you aren’t going to regularly scheduled appointments, while they’re evaluating your disability claim, they may decide against your claim on the basis that IF you did go to the doctor your impairments would be manageable.  And thus, you would be able to seek, obtain, and maintain employment (or other substantially gainful activity).

Going to appointments can be difficult, depending on your conditions.  If you find it difficult to maintain a schedule of medical appointments you should make sure to note this.  Better, even than keeping personal records on this though, is retaining an advocate and making sure they know how difficult it is for you to attend your medical appointments.   They may be able to secure some accommodations and/or they may be able to communicate your challenges effectively to the Social Security Administration.

 

Maintain Good Records of Any and All Hospital Visits

 

In a perfect world, everyone who needs access (and has permission to access) your medical records, would do so prior to making a decision that impacts you.  However, it’s not a perfect world, and one of the most common goofs on disability claim decisions occurs when the adjudicator makes a decision without all the evidence they should have.   Sometimes, a big piece of the pie is tracking down what SSA knew, and what they should have known.

Of course, this isn’t the only reason to keep records of visits.  It’s good practice to do so even if everyone is on the same page because you never know when someone might lose a record, claim to have never received it, or claim that you didn’t go to that medical appointment in the first place.

Keeping good records can be as easy as making sure everything goes into a specific folder or box.  Just don’t throw them away!

 

Keep Track of Challenges you Have During the Day

 

At some point, someone is going to want to know what kind of impact your impairments have on your everyday life.  You can sit there across from a judge, or in front of a doctor and try to recall ALL the ways in which you’re affected, or you can rely on the notes you’ve taken in preparation for that question.

This means, take notes.  Keep a journal.  Take pictures, if that’s easier.  Keep a video diary.  Just document your challenges in some way.

This one action helps eliminate the ambiguous understanding (on the part of the SSA) that Social Security Disability claims denials often spring forth from.

 

Consider Discussing your Claim with an Excellent & Local Social Security Disability Lawyer

 

It’s never really too early to start a discussion with an excellent local Social Security Disability Lawyer.  There are several reasons you’d want to do this.

#1) An experienced Social Security Disability Lawyer can give you advice from having gone through this process >1000 times.  This is probably your first time through the process.  If you can get any direct advice or even support, it’s worth your time to reach out for it!

#2) If your claim is denied (it happens far too often) – you have a short turn-around to file an appeal.  Being able to bring in a disability attorney that has already heard the merits of your claim, provided input on them, and that you have a pre-existing relationship with – will help to reduce your stress at a very difficult point.

#3) It’s free.

 

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Social Security Myth #4


“DISABILITY CLAIMS ARE SOARING!”


If you were to turn on the nightly news you might come away with the impression that disability claims have soared in recent years.  Perhaps everyone is onto the secret?   Social Security Disability is a way to get compensation from the Federal Government for being unable to work because of an injury or illness.. Or is it?

The Role of Social Security Disability

Social Security Disability is a benefit paid into by most workers. If something happens that stops these workers from being able to work, they can apply to receive compensation.  An excellent way to look at this benefit is to consider it similar to an insurance policy on someone’s ability to work.  But, as some news outlets have noted, is it something else as well?  Are disability claims a path to easy street?

We’ve already covered the history of fraud, waste, abuse, and drugs in Social Security Disability, and how we got to ‘today.’ In fact, a common theme in our series on busting Social Security Disability myths has been demonstrating how the facts don’t seem to match up with the prevailing opinions on this topic.

The Typical Spin

The Washington Post opines, Welfare is the New Work,” and expands on this assertion by stating, “disability rolls are growing even as worker safety has hit an all-time high.”  The Richmond Federal Reserve Bank decries federal disability benefits becoming the new “general safety net.”  What is the truth behind these seemingly authoritative opinions?   And what are some reasons to question the conclusions of these authors?

One of the best responses to these opinions has come from the opinion pages of the New York Times.  Three entire paragraphs at the end of the previously linked article break down in detail why “Disability claims are not skyrocketing.”  We will summarize below.

If you look at the disability claims and awards over a historical timeline you can see why someone might claim a skyrocketing increase in claims.  It’s certainly something that requires a nuanced and objective look though.

A Closer Look at the Data

Since 2000, claims have doubled, however, something interesting has happened..award rates have stayed essentially the same among the entirety of workers, about 5%.  If claims are skyrocketing and award rates are staying the same, is there a problem of fraud, waste, or abuse?  Logic would say in this case, that if there were it wouldn’t be on the part of the claimants.  It is Social Security that has deviated sharply down from their historical awards rate in recent years.


Another point that is important to understand in this discussion is that while the number of claims and claims awarded may have gone up in the last 10-15 years, so too has the pool of workers from which claims can be drawn.

Bringing the Spin & the Data Together

So why has the rate of total claims increased in recent years?  Several factors likely play into this.  The first being a poor economy from 2009-2015 or so.  During the Great Recession, the total labor force far out numbered available jobs.  Everyone had a hard time finding employment, especially those on the cusp of possibly rating a disability benefit.  The reality of being terminally un-employed likely brought a number of claimants to the disability application process that would potentially have continued being the working disabled in a more traditional economy.

Other, demographic, factors also influenced the spike in applications.  The average age of the workforce was/is moving higher as baby-boomers hit retirement age.  The number of workers 55-65 years remained unusually high during the great recession as many near retirement workers chose to continue working.  Workers in this age range are at a higher risk of needing to file for disability at some point because of a confluence of age and a  lifetime of work.

Another demographic shift can be found in the rising rate of women seeking disabilities.

Women have taken more work as a whole, and also more physically demanding work over the last four decades.  In reference to this trend, since1985 the age-adjusted disability rate for women has increased at a much faster clip than age-adjusted disability rate for men.

Looking at the Assumptions Again

So, is it fair to say, “Disability Claims are Soaring!” 

Well, the disability claims rate is up, sure.  But when adjusted for age and demographics, they are only slightly up, and certainly not “soaring.”  Moreover, as we’ve shown many times in this blog, the actual award rates, despite the number of claims, has remained flat, and in respect to the number of claims – it has dropped drastically.

This last point is probably the more surprising story that places like the Washington Post missed.  The headline should read:

“The Award Rate for Disability is Plummeting!”

But that story doesn’t sell…

Lilac City Law advocates on behalf of the disabled in their claims for Social Security Disability and SSI

We provide a Free 30-minute Consultation 

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