If your claim is denied, file a request for reconsideration. Do not file a new application. The stage after reconsideration is the hearing before an administrative law judge. This is the stage at which we are usually able to get benefits approved. After this stage, you can appeal to the Appeals Council and then federal court.
Talk to your doctor about your claim. It will be important for your attorney to write him a letter. This letter can be the most important evidence in your claim if done properly.
When you file your claim, you will be sent a number of forms to fill out. There is nothing especially tricky about these forms. The important items on the application are the date you became unable to work and the listing of any children under 18 years of age. The important part of the Disability Report is the list of physicians and hospitals where you have been treated, as Social Security must get your records. The Work History Report is one of the forms people fail to fill out completely. They need to know your jobs in the 15 years prior to becoming disabled. Be as accurate as you can about dates. Be sure to list the maximum physical requirements of the jobs, as Social Security must determine whether you can still do these jobs. Do not exaggerate how important or complicated the job was. THIS IS NOT A RESUME. If you make your past job look more important than it was, Social Security may mistakenly decide that you have transferable skills to other work. This becomes very important for people over 50 years of age, as the law makes it easier for those without such skills to receive disability.
The Activities of Daily Living form is sent because Social Security needs to determine what limitations would affect your ability to work. List the difficulties you have doing these activities and what symptoms occur while you are doing them. If your stamina is impacted, let them know.
It is especially important to have an experienced attorney when you appear before the administrative law judge. This is probably the fullest review of your case. An experienced attorney can make the best possible presentation to the judge and cross-examine expert witnesses such as a medical expert or vocational expert Social Security calls to the hearing. He should obtain any missing records, write to your physicians with appropriate questions and meet with you on some day prior to the hearing so that you can make the best possible presentation. Any further appeal is based on what was presented at this hearing. I will be the person representing you before the judge, not a junior associate.
I only handle Social Security disability and SSI cases. I do not charge a fee unless we win your case. If we win, my fee is 25% of past-due benefits with a maximum of $5300, unless the case has to go to federal court, in which case there is no maximum. Costs for obtaining medical records are extra, but I will make a copy of your file from Social Security at no charge and order only what is missing. Thus, costs are minimized. You will not be billed unless we win.
There are two kinds of disability benefits from Social Security. Disability insurance benefits (SSDI) are based on the Social Security taxes you have paid. You must have sufficient quarters of coverage to qualify. Supplemental Security Income (SSI) is for people who have not worked enough to qualify for SSDI benefits.
Medicare benefits are automatically available to persons on their 25th month of eligibility for SSDI benefits. Medicaid may be available for persons of low income through the Utah Department of Workforce Services. This office can also assist with food stamps, general assistance (a small monthly cash payment), vocational rehabilitation and housing.
Many legitimate claims are denied. Don't give up! Only about 35% of claims are approved at the initial level in Utah and only about 5% are approved on reconsideration.
