There are many stages in the process of applying for and appealing a denial of Social Security disability benefits.  Navigating the disability claims process is very confusing. Many people want to know the best time to hire a lawyer.

The answer depends on how comfortable you are dealing with the process and the government on your own.  After you file your application, you need to stay in touch with the local Social Security office to make sure all of the necessary paperwork is in your file and that the case is being processed.  Cases can, and do, fall through the cracks.  You will want to gather evidence.  It will take about 3-6 months to get an answer. Two-thirds of all cases are denied at this level.  You then have 60 days to file an appeal.  Do not miss the appeal deadline or you will have to start all over again – from the beginning.

After you file the first appeal it will take another 3-6 months to get a decision.  You should be submitting new evidence throughout this stage of the case.  Over 80% of cases will be denied again.   Your time limit to file a second appeal is 60 days.  If you are handling the case yourself don’t miss the appeal deadline or you will have to start all over again – from the beginning.

I get involved in Social Security disability cases at any point after you file an application.  Most people call me after their first denial.  I cannot get involved if you already have a hearing scheduled because I will not have enough time to properly evaluate the claim and obtain additional evidence.  My team and I will submit the necessary medical records and get additional information from your treating doctors about your limitations and why you cannot work.   We will monitor your case and file the appeals as necessary.

If your case goes to a hearing I will prepare you for the hearing.  You need to know what to expect and I will explain that to you.  I will question you as if we were at the hearing so that you will be comfortable when you testify.  Of course, I will be with you at the hearing.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, by completing the order form on this page.

The hearing room used for a Social Security disability hearing is set up as a small courtroom, but there is no jury. The room may contain an American flag or a seal of the United States Social Security Administration.

In terms of furniture, the hearing room will always have a conference table, if nothing else. In addition, it might have a small table for the judge’s assistant to sit behind. There is a desk for the judge, placed upon a small riser so that its height is slightly above that of the conference table.

Technologically speaking, unless the administrative law judge or another involved individual is coming in via videoconferencing, auditory equipment will be the only devices used. Because all hearings are recorded, it is essential that you speak distinctly enough to be recorded accurately and coherently. Part of this is avoiding saying “uh huh” or “umm hmm” for “yes,” or “nuh uh” for “no,” as such sounds may not be correctly transcribed. Speaking loudly is not necessary due to the high sensitivity of the microphones used but you need to speak directly into the microphone. Non-verbal cues will not be recorded so if you point, that will not be clear on the recording; describe what you are doing verbally. The same principle applies to expressions and gestures, such as nodding or shaking your head instead of saying “yes” or “no.”

For more information about Social Security disability, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, by completing the order form on this page.

It is often difficult to convince the Social Security Administration (SSA) that you are eligible for disability benefits even when you cannot actually work. However, winning your case is not impossible, especially with the help of an experienced disability lawyer.

If you have an illness, or combination of illnesses, that keep you from working a full time schedule (8 hours a day, 5 days a week) and this is likely to continue for at least 12 months, you should apply for disability benefits.

Most claims are initially denied.  You should appeal until you get a hearing before an administrative law judge. This hearing is the stage where most cases are approved, but if your claim is denied at this stage your disability lawyer may wish to appeal your case to the Appeals Council.

As you get older, SSA regulations make it easier to be found disabled. People who should apply include those over age 55 who cannot do any job that they have held in the past 15 years, as well as individuals over age 50 who are too impaired to perform the tasks necessary for most jobs. If you are under the age of 50, winning a case is harder, but you should still apply as long as you cannot do the jobs that you have had in the past and cannot work full time at any regular job.

You can increase your chances of success by hiring an experienced Social Security Disability lawyer.  One of your lawyer’s most important jobs is to build your case file by gathering pertinent medical records and opinions from your doctors.  Your lawyer should also answer your questions as the case moves on, prepare you to testify at your hearing and argue your case to the judge.

For more information about Social Security disability, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, by clicking on the image to the right on this page and completing the order form.

The content of your testimony at a hearing before an administrative law judge is important, but so is the manner in which you present it. You want to stay laser focused on the issues that the judge must decide:  Do you meet Social Security’s definition of disabled and, if so, when did you become disabled?

Although you may know people who are far less deserving of disability benefits than you are, mentioning such instances might hurt your case. A judge could think that you are trying to claim disability because the people whose examples you cited were able to get benefits despite not deserving them.

Another ploy that could easily backfire is attempting to gain the judge’s sympathy. Most administrative law judges are experienced enough to have heard about repossessed cars, foreclosures on a house, or bankruptcies. Although these may be devastating consequences of your disability, you are not at the hearing to show that you need money; you are there to present the facts that prove that you are disabled under Social Security Administration guidelines.

A hearing is not a trial of your personal character, and attempts to demonstrate how virtuous you are will not help your case. If you qualify as disabled under Social Security Administration guidelines, then you are disabled, even if you are a bad person, and vice versa. Just as with trying to appeal to the judge’s sympathy, stating information about how good a person you are can hurt your case.

You do not need to tell the judge how honest you are. Your truthful testimony on the pertinent information will adequately prove your honesty. If you explicitly state to a judge that you are honest, he or she might feel that you have something to hide. So, never begin an answer to the judge’s question with: “To be honest…”  This makes it sound like you were not being honest in your prior answers!

Do not discuss your willingness to work or inability to work. Your work record speaks for itself.  There may be people less impaired than you are who receive disability benefits. There may be severely disabled people who work in high-profile jobs. Both examples are irrelevant to your case. Allow the judge to draw his or her own conclusions based on the evidence that your attorney has provided and her arguments about how you meet the definition of disabled.

If your Social Security claim has been denied, tell me about your case.

The bickering and finger pointing continues in Washington over the budget. Politicians explain their intransigence by claiming to be taking a stand for some (liberal, conservative or tea party – you fill in the blank) principle. So the squabbling continues. While this makes for some interesting and at times amusing debate, the effect if the government shuts down will be devastating for some people.
My clients are some of those people. My clients have worked hard all of their lives, paying taxes and paying into Social Security. They are too young to retire but, because of illness or injury, can no longer work. I help them get disability benefits from Social Security. But I can’t help any of them if the government shuts down. No cases will be processed, no decisions will be issued and there will be no hearings to decide if my clients meet the requirements for disability payments. I have several hearings scheduled for next week. These clients have waited up to two years for their hearings. They have spent all of their savings, borrowed from friends and family to survive and, in one case, become homeless in the process. And now they learn that they have the incredible bad luck of having a hearing scheduled at a time when the government might shut down.
I wish these Washington politicians could meet my clients and hear their stories. Maybe then they would remember that their job is to serve the American people. Maybe then they would understand the real effects of their political strategy games. Maybe then they would start to act like the leaders we need them to be — accepting that reasonable minds can differ and reaching a compromise. Is that too much to ask?

The FDA has approved the drug Benlysta for the treatment of Lupus. There has not been a new drug approved to treat this disease for 56 years! This is great news for lupus patients but Benlysta is not a cure all. The studies showed it effective for about 35% of the patients in clinical trials. The drug maker, Human Genome Science, estimates that 200,000 patients in the US may benefit from Benlysta.
I have many disability clients who suffer with lupus. Their pain, fatigue and/or “lupus fog” make it impossible to keep working. For some of them a drug like Benlysta could mean that they will not need Social Security disability benefits for a long time, if at all. For others it could mean that they will function more independently and with less pain. Either way this is a win for lupus patients.

The U. S. Senate voted today to deny any increase in benefit amounts to people who get Social Security payments, including the disabled. Yearly cost of living increases in these payments are determined by consumer prices which supposedly decreased because of the recession. There was a proposal in the Senate to give Social Security recipients an extra $250 since there will be no cost of living increase. But the Senate said NO. Well, gas prices have gone up, food prices have gone up, prescription prices have gone up and I do not even want to think about how high my gas and electric bill will be this month. So, what prices have dropped? An extra $250 may not seem like a lot of money but it is huge to people on fixed incomes. I know that this will be a hardship for many of my Social Security disability clients. I wish the Senators had talked to some of my clients before this vote. I bet the outcome would have been different.

Social Security officials expect more than 3 million new disabilty claims over the next year according to a report from the Associated Press. This will add to the already overburdened system. Many of my clients already have to wait for more than 2 years to have their claims favorably resolved. That’s no surprise since there are more than 736,000 claims waiting to be processed (as of July, 2009) and more than 750,000 claimants waiting for a hearing nationwide. This is inexcusable. People are losing their homes, their health and, in some cases, their lives while waiting for their disability claim to be approved. In my experience as a Maryland disability lawyer, most claimants are people who have worked hard all of their life and just cannot do it anymore. They deserve a system that will decide their claim in a timely manner. The first step to improve this system is to increase staffing at all levels of the Social Security disability claims process.