DISABILITY APPLICATION PROCESS

Information

A forum to discuss applying for Disability in all countries represented by our members, and exchange information.

Members: 29
Latest Activity: May 9

OVERVIEW OF APPLICATION PROCESS

Filing for disability insurance isn't necessarily a "crisis" in itself. But job loss for many people is. Thus you may need to apply for help at a time when you are otherwise in the middle of a mess. You might find yourself dealing with a lot of distractions while you're trying to get financial help for your day-to-day expenses.

The disability process is different from country to country. In the US, it is also different for private disability insurance (which you have paid for, or which was provided through an employer) versus for Social Security Disability Insurance (SSDI). The central "contract" is the same. In return for having paid in a monthly insurance premium, an insurance company or government agency will partially replace your income for some identified period of time, after a medical condition makes it impossible for you to work.

For both public and private insurance, there is a waiting period after you have been forced to stop working, before you can apply for disability compensation (for SSDI it is five months). To qualify for disability under SSDI, you'll need to go through an evaluation called "Residual Functional Capacity" or RFC, and demonstrate a level of disability which will keep you from working for at least a year. There is also a maximum amount of money that you are allowed to earn from occasional or part time employment, without a decrease in your SSDI benefit. Disability payments and allowances for other outside income are generally not high. But everything helps.

In the US, it is important to know that the SSDI application process may involve as many as three stages which might require a year or more to get through. To start, you need to go to your nearest Social Security Administration office for pamphlets which describe what you do and what documents you need at each of these stages.

For the first two rounds of the process, you won't need a lawyer and in my opinion you might be well advised not to hire one. What the attorneys don't want you to know is that a Social Security representative can assist you with the paperwork by asking you the questions and then they fill in your answers, either in person or in a phone interview. You don't have to do anything. Then the Social Security personnel send requests to your doctors for your records. You are not involved in that process at all. Additionally, your attorney actually doesn't do anything until a denial is made and you request a hearing and they don't even spend a moment filling out your paperwork - their paralegals do. I was able to be approved on my first application without an attorney and it saved me thousands of dollars.

A lawyer' fee for representing you in the SSDI process can be determined in one of two ways, both of them set by the Social Security Administration, not State law. The nominal fee is 25% of any award that you get of SSDI payments previously denied, up to a maximum of $6,000 dollars. However, the lawyer may also petition the Social Security Administration for some other level of compensation after an award is made.

If you must change disability lawyers in the middle of a case, things can become both complicated and expensive. For background reading see The Social Security Insider. Be aware also, that some lawyers don't support first-time applications because they feel the awards may not be large enough to cover their expenses. In any event, if you and/or a family member can do this process for yourself without a lawyer's help, you might come out better financially.

Your disability application will need to be backed by letters from your doctor (or doctors). These letters must identify your medical diagnosis and describe any past or present treatments that have a bearing on your ability to work. The doctor will also describe your symptoms and reactions to treatment, showing how these symptoms make it impossible for you to take regular employment -- even working from home. Many patients report being required to be interviewed by another doctor who is appointed to evaluate you and confirm that the symptoms and issues in your application actually exist. To be awarded disability, you must demonstrate that you are expected to be unable to work for at least a year. And the doctors who support your application need to be considered mainstream practitioners. The findings of a Chiropractor or Herbalist will have much less credibility than those of an MD, Doctor of Osteopathy or Ph.D. Psychologist.

About a third of all first-time SSDI applications are granted on the first try. Another 10-20% are granted on a reconsideration application. The rates of successful application vary sharply from US State to State. Numbers quoted on the website of "The Ultimate Disability Guide" vary from a high of 52% approval on a first application in Hawaii, to a low of 23% in South Carolina.

If you apply for SSDI and are denied, and then you apply for reconsideration and are again denied, there is a second level of review before an Administrative Law Judge. At this level you should be represented by an attorney. There is yet a third level of review in an Appeals Council. Theoretically, you could go even higher than the Appeals Council in Federal Court, but such legal actions are quite rare.

Be aware that once you have "won" an SSDI case, you also need to be mentally prepared for a periodic review by the Social Security Administration to determine whether you continue to be disabled. If all of this looks like an obstacle course to you, then you have a lot of company among disability applicants.

For additional information and insights, I suggest that you visit the Ultimate Disability Guide, above.

More links:

FIBROMYALGIA SPECIFIC GUIDELINES FOR SSDI

"The Social Security and Disability Resource Center.

How Do I Submit and Support a Disability Claim?

Detailed SSDI Information (Great information - company has a lousy reputation in the courtroom!)

Discussion Forum

Applied for SSD and was approved.

Started by Pain sucks. Last reply by vonnie May 19, 2012. 3 Replies 3 Likes

I applied for Social Security Disability and was approved. I started the process in August of this year and I just got the apporoval in November. I had a group help me and it was great! They did…Continue

i applied

Started by Shannon-in-pain Jan 9, 2012. 0 Replies 0 Likes

and was turn down twice.....trhey said i was to young.33 i never knew fibo chose agesContinue

View All

Comment Wall

Comment

You need to be a member of DISABILITY APPLICATION PROCESS to add comments!

Comment by suzyq on April 23, 2013 at 8:40am: HI EVERYONE I RECEIVED MY ALJ HEARING ITS JUNE 19 ILL READ ALL THE INFORMATION ON THE WEBSITE FOR THOSE OF YOU WHOVE BEEN APPROVED TELL ME THE DOS AND DONTS SO IM APPROVED THANKS EVERYONE FOR THE INFORMATION

Comment by DianeW on April 21, 2013 at 8:19pm: They are sending me to a doctor this week. But it's for a mental assessment. WOW! They don't even wanna go there........it's starting to look like if I'm approved it's gonna be for being bat-shit crazy not the fibro. Which is odd to me; somedays I look around at my co-workers and think, "nah. I'm good."

Comment by Allesmere on April 17, 2013 at 3:36am: Got my first denial this weekend. With Fibromyalgia, Interstitial Cystitis, and anxiety issues, I'm not sure how in the heck I got denied, but oh well. Going to get an attourney I think for my appeal. Weirdest thing is, they never even sent me to a "state approved" doctor.

Comment by Callie on January 10, 2013 at 10:32am: Iv had a lawyer for 3 almost 4yrs now. Iv been denied and went in front of a judge who also denied me stating that she will not take into consideration anything my drs nor their dr had to say. So im on my last leg . It kills me to c those words on paper. If she wont consider them why the hell did she make me go to them. I dont ferl as if they care to take care of their own. This isnt even their money its mine every dollar I paid in working for yrs so if I ever needed it I would have it. Iv lost everything my house my expedition my job. I now have to live with my mother n law that helps me take care of my youngest daughter who is 8 and my grandchildren so I can spend time with them. Although I appreciate everything my mother n law does for us I would still like to be the woman of the house again. But without disability there is no way that will ever happen. My husband now has to work out of town to make a little extra money just so we can pay r bills and pay my inlaws to stay here. I have to say my spirit is broken but my faith is still strong.

Comment by siskiya on December 8, 2012 at 8:11am: HERE IS THE EXACT DOCUMENTATION THAT SSDI IS LOOKING FOR IN YOUR APPLICATIONS!!!

here is the link since that is chalked full of all and any information you will need.

If this out there for Fibromyalgia than I bet it is out there for other diseases as well. Though much of what is in this document will apply to any and all who are trying to get disability.

http://www.socialsecurity.gov/OP_Home/rulings/di/01/SSR2012-02-di-0...

this link has very specific information on what documentation that SSDI is looking for in one's application for disability!! If you follow this and can prove all of the requirements exactly how they state, there is no way you will lose!

I mean with this information it is like hitting the Jack Pot not only what what to write but the proof they are looking for! This document give exact specific information what SSDI wants in your applications and the kind of proof. It just is wealth of information on how to apply, fill out your paper work plus why it is important to make good impression on your first interview with SSI person that is one on one. I could keep listing all the points it makes but instead you can read it as you are able too.

So check out this document and you will see how very specific it is and how much it is going help those trying to get disability!! With the information in it you now have very realistic ability to get your SSDI 1st time you apply!

I really hope people use it and win all on their own! If legal wording is confusing go to your public library and I am positive that someone there can assist you or librarian should know where you can get some free legal help.

Also I believe it does list some cases that set precedence .so you might check few of those out and see if person who won was sick exactly or almost exactly like you.That is how I won so very fast...my advocate found few cases that were very much same as my own case.Once precedence has been set then SSDI knows the judge has to rule in my favor so they made a offer!

If you have already hired a person than this should only speed things up! Since now you have the knowledge of exactly what your hired person should be doing. Plus, before it was you trusting attorneys now you can see if they are doing the work needed in timely way or just extending it to make more money. Sorry seen too many of them do just that..though i do know there are good ones. .

I so hope this helps many of you...even if you already have case going, check it out since the knowledge in it is only going to assist you even greater!

Moderator Comment by Renie♥ on August 23, 2012 at 5:47pm: Just wanted to pop in and add this in case it hasn't been seen:

SSDI - FIBROMYALGIA GUIDELINES

Supposedly Disability now recognizes Fibromyalgia as an acceptable diagnosis, and I'm not sure if this article reflects that change.

The main website here has a ton of information, although the company itself has a very bad reputation in the courtroom:

SSDI INFORMATION (from Allsup)

Comment by suzyq on July 6, 2012 at 8:49pm: I went to a lawyer thursday June 29 I filed was denied filed for reconsideration was denied took all the medical records I had to him he can get the rest I told him what he. Needed I. At the ALJ stage it'll be a year ill have to appear in front of a judge at least 75 mikes away ill have 20 days notice

Comment by Watery Star on June 23, 2012 at 3:02pm: Has anyone ever had a family member or friend write a letter in support of your disability claim?

Comment by vonnie on May 18, 2012 at 8:46pm: Hi, I just applied for SSDI, but it's not just FM that stopped me from working. Actually I've been a workaholic, still am but my body won't agree. I have a supportive husband, but I don't think that he should have to do everything and pay my copays as well. I wish so bad that I could keep doing what loved to do so much. I love the feeling I got after a job well done. Plus I used to be able to do house work and help him with home improvements. I'll take any advice anyone can offer.