Winning your social security disability case has many components. It is not enough to simply state you are disabled. Below are common strategies to employ when proving your disability:
1. APPLY IMMEDIATELY FOR DISABILITY
There is no need to wait until your resources are low. Social Security Disability Insurance claims are not based on how much money you have. The longer you wait, the longer it will take for you to get paid from Social Security for your disability. It may take over two years if your social security disability case goes before an Administrative Law Judge. The sooner you start the process, the quicker you will get paid and the more interest you can obtain for yourself.
2. HIRE AN ATTORNEY
A Social Security claim requires that you understand the significance of questions posed to you by the Administration and a Judge. Not fully understanding the questions can result in you underestimating the effects of your disability and being denied.
A GAO study revealed that in 598,000 cases, 66% of claims were awarded to those claimants that had an attorney while only 43% were awarded to those who did not.
Hire an attorney now—avoid making mistakes and eliminate the unnecessary stress of trying to handle your claim by yourself. Your odds of winning your disability case are greater if you have an experienced and seasoned firm like Kraft Law Offices representing you.
3. KEEP CAREFUL RECORDS OF YOUR CONDITIONS
Your claim is based on how your condition affects your ability to work. Keep a journal and indicate how your condition affects your ability to sit, stand, walk, and lift items.
Every symptom may be relevant to your claim. List all the symptoms that affect you.
Don’t ignore any of them. Social Security considers everything.
4. TREAT, TREAT, TREAT
You cannot prove your disability on your word alone. What your doctor says about your condition is very important. In order for your doctor to know about your condition, you must go regularly. Going to specialists who have expertise about your particular condition and disability will give more credibility to the effects of your conditions. They will often test and obtain diagnostic studies like X-rays, MRIs, EMGs and EKGs which Social Security will rely heavily upon as objective proof of your disability. For example, for back pain, see an orthopedist or pain management physician instead of your primary doctor.
The information your doctor provides will have a huge impact on your claim.
5. DO NOT MINIMIZE YOUR SYMPTOMS
Claimants may often underestimate how they are limited due to being embarrassed. Often they downplay their limitations and disabilities. For example, a doctor may ask you to rate your pain on a scale of 1-10 and people will respond that it is a 5 when it is actually a 10.
You must fully detail your limitations as a Judge will review your responses to a doctor and to the Social Security Administration when determining if you are disabled.
Kraft Law Offices will review the function reports you receive from the Social Security Administration with you to make sure you understand the questions posed and do not underestimate your disability.
6. DETERMINE YOUR RESIDUAL FUNCTIONAL
CAPACITY (“RFC”)
What you are able to do despite your limitations is known as your RFC. Our firm provides forms to our clients which help determine their RFC. The forms provide the Social Security Administration with a basis to decide your claim.
A completed RFC form will serve as strong evidence of your disability.
Kraft Law Offices provides these forms to all our clients!
7. KEEP APPEALING
Over 60% of all claims are denied at the initial claims level. A higher percentage of claims are denied at the next level. However, a majority of social security disability cases that go to the hearing level and have legal representation are won.
Hire an attorney who will help you through this grueling process.
