Can you win a disability claim on your first try?The simple answer to this question is, yes, you can win a disability claim on your first try. However, most disability applicants will not win their disability claim with their first try. Statistics vary between states and also from year to year, of course. Typically, about thirty percent of all claims filed are approved on a disability application. The remaining 70 percent of individuals who are denied will need to file at least one appeal before they can hope to be awarded disability back pay and monthly benefits. Important points How do you win disability on the first try? First of all, you need to make sure that Social Security has all your medical records, so be sure to list all your treatment sources. You cannot be approved without recent medical treatment records, so make sure there is not a long gap between the application for disability and the last time you were seen. Secondly, it is not enough to be diagnosed with a condition. Your records need to indicate how your condition limits your ability to do activities that are required for your past work, as well as other work that you might potentially do. Proving that you cannot return to work can be more easily done if your doctor or doctors make reference to your physical or mental limitations in your records. At hearings, disability attorneys will usually attempt to get a doctor letter (referred to as a medical source statement) to support your case. This can be done on a disability application or reconsideration appeal but will usually not have the same effect since disability examiners and disability judges operate in very different environments (judges do not have supervisors, for example). Thirdly, if you are scheduled for an appointment for a Social Security examination, make sure you go. Not going can potentially result in a denial, and having this appointment repeatedly rescheduled can dramatically slow down a case. How do you get approved for SSD or SSI the first time? If your medical condition is so severe that you are able to meet or equal the criteria of a Social Security Disability SSI impairment listing, your disability claim will be medically approved with your first try. Even if you are unable to meet or equal the criteria of an impairment listing, as we said, the limitations caused by your disabling condition may be so severe that they prevent you from doing any past or other work, especially when age, education, and work skills are considered. If this is your case, you may be approved for disability through a second way, which is a medical vocational allowance. These allowances allow the disability examiner to consider other factors along with the severity of your limitations to approve your disability claim. Some disability applicants are able to win their disability with their initial claim, while others win theirs with their reconsideration appeal, still others may have to go to a disability hearing, or federal court to win their disability claim. Unfortunately, there are some who are not approved at any level with their application for disability with Social Security. But'if you are not approved for disability the first time but are still unable to work, you should file again because the odds usually get better with appeals. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: How to get on disability in North Carolina Get a Disability Lawyer before you File for Disability How long does it take to be approved on a disability application? Going to a Social Security Disability Hearing with a lawyer Can you be approved for disability without going to a hearing? What happens in front of a disability judge? Social Security Disability judge decision |
