Can YOU Get YOUR Social Security Benefits?

Can YOU get YOUR Social Security disability benefits?  Let's get personal about your chances.  We read a lot of technical stuff about SSDI claims, how difficult they can be, and various tactics to get approved.  But let's get personal.  What about YOUR odds with Social Security?  Your chances depend on several factors:

1)  AGE plays an important part.  While young persons do often get approved if they have a severe impairment, it's true that persons age 50 and over are more likely to be approved. Under age 50, you will have to prove that that (a) You cannot return to the kind of work you have performed within the past 15 years, and (B) There is no other work in the US economy that you can still perform.  Basically, Social Security must be convinced that you are at the end of your working life and that there is no job that you are able to perform.  You will need strong medical evidence.

2)  WHY YOU STOPPED WORKING is crucial.  If you have a long, steady employment history and stopped working because of medical problems, it helps you chances.  However, if you stopped working for some other reason (laid off, plant closed, lost your transportation, stayed home to take care of a family member, etc.) -- that is not a disability and may hurt your claim.

3) OBJECTIVE MEDICAL EVIDENCE.  Have you recently seen doctors and had your illness or injury evaluated?  Do the medical records show a history of following medical advice without substantial improvement?  Have you seen a specialist, who would likely be given more weight than a family practitioner?  Are there tests:  X-ray, MRI, CT Scan, laboratory workups, etc. to define your diagnosis?

4)  OPINION EVIDENCE.  Will your doctor provide you with a detailed written statement about your limitations in performing work-like activities, such as sitting, standing, walking, bending, lifting, reaching, etc.  Called a 'medical source statement' or 'treating source statement,' these doctor's opinions can sway a decision in your favor as quickly as anything else, IF supported by objective medical evidence (above).

5)  EDUCATION is a factor.  Not the most important factor, but a factor.  The less formal education, the less likely you are to be able to perform a job, especially a skilled or semi-skilled job in today's high tech market.  If you are limited to unskilled work, it doesn't guarantee approval but it may help your chances.

OTHER IMPORTANT CONSIDERATIONS:

DATE LAST INSURED (DLI)?  Have you worked recently enough to have "insured status" for Title 2 Benefits?  Usually, if you stopped working more than 5 years ago, you are no longer covered by SSDI because you have not paid into the Social Security fund.  Check this out with your local Social Security field office.  If your  "date last insured" has already passed, you must prove that you became disabled prior to the DLI.

ARE YOU NOW WORKING?  If you work and earn wages, tips, commissions or self-employment income of at least $1,170 per month (gross), you are disqualified from receiving Social Security benefits.  If you work part-time and earn less than $1,170 per month, you may still have a claim.  Social Security has a record of all your income from the first day you worked until now.

The best person to evaluate YOUR personal claim is a licensed attorney or non-attorney advocate who deals with Social Security disability on a daily basis.  These individuals attend hundreds of hearings before various judges and understand the technical requirements of the Social Security regulations.  They will provide you with a free consultation and claim evaluation with no obligation, and will charge you a fee only if you (a) contract with them to represent you, (b) win your case, and (c) collect past due benefits payable in a lump sum in addition to your monthly benefit.  If you do not recover past due benefits, no representative's fee is due.  For a free claims evaluation, contact the Forsythe Firm at (256) 799-0297.

t of technical stuff about SSDI claims, how difficult they can be, and various tactics to get approved.  But what about YOUR odds?  It depends on several factors:

1)  AGE plays an important part.  While young persons do often get approved if they have a severe impairment, it's true that persons age 50 and over are more likely to be approved.

2)  WHY YOU STOPPED WORKING is crucial.  If you have a long, steady employment history and stopped working because of medical problems, it helps you chances.  However, if you stopped working for some other reason (laid off, plant closed, lost your transportation, stayed home to take care of a family member, etc.) -- that is not a disability and may hurt your claim.

3) OBJECTIVE MEDICAL EVIDENCE.  Have you recently seen doctors and had your illness or injury evaluated?  Do the medical records show a history of following medical advice without substantial improvement?  Have you seen a specialist, who would likely be given more weight than a family practitioner?  Are there tests:  X-ray, MRI, CT Scan, laboratory workups, etc. to define your diagnosis?

4)  OPINION EVIDENCE.  Will your doctor provide you with a detailed written statement about your limitations in performing work-like activities, such as sitting, standing, walking, bending, lifting, reaching, etc.  Called a 'medical source statement' or 'treating source statement,' these doctor's opinions can sway a decision in your favor as quickly as anything else, IF supported by objective medical evidence (above).

5)  EDUCATION is a factor.  Not the most important factor, but a factor.  The less formal education, the less likely you are to be able to perform a job, especially a skilled or semi-skilled job in today's high tech market.  If you are limited to unskilled work, it doesn't guarantee approval but it may help your chances.

OTHER IMPORTANT CONSIDERATIONS:

DATE LAST INSURED (DLI)?  Have you worked recently enough to have "insured status" for Title 2 Benefits?  Usually, if you stopped working more than 5 years ago, you are no longer covered by SSDI because you have not paid into the Social Security fund.  Check this out with your local Social Security field office.  If your  "date last insured" has already passed, you must prove that you became disabled prior to the DLI.

ARE YOU NOW WORKING?  If you now work and earn wages, tips, commissions or self-employment income of at least $1,170 per month (gross), you are disqualified from receiving Social Security benefits.  If you work part-time and earn less than $1,170 per month, you may still have a claim.  Social Security has a record of all your wages from the first day you worked until now.  Note:  Only income earned by working is counted, not such things as savings, investments, child support, rental property income, disability payments, etc.

The best person to evaluate YOUR personal claim is a licensed attorney or non-attorney advocate who deals with Social Security disability on a daily basis.  These individuals attend hundreds of hearings before various judges and understand the technical requirements of the Social Security regulations.  They will provide you with a free consultation and claim evaluation with no obligation, and will charge you a fee only if you (a) contract with them to represent you, (b) win your case, and (c) collect past due benefits payable in a lump sum in addition to your monthly benefit.  If you do not recover past due benefits, no representative's fee is due.  For a free claims evaluation, contact the Forsythe Firm at (256) 799-0297.