Top 5 things you must do to get your disability claim approved.
– Matt Sauerwald, Vice-President, Disability Help Group
Matt Sauerwald, a prominent Disability Advocate in the U.S. has a wealth of knowledge and expertise in Social Security Disability law. Matt has dedicated his profession to helping those who are unable to work due to a disability and has successfully represented thousands of clients in their claims for disability benefits.
In this article, Matt shares his top five tips to get your disability claim approved.
1. Understand the burden of proof.
Many individuals applying for disability do not understand what Social Security needs to find to make a favorable disability determination. The basics are that to get approved an individual needs to convince Social Security they cannot work, not just their past jobs, but any jobs that exist in the national economy full-time basis.
Social Security defines full-time work as regular and continuous work, 8 hours a day, five days a week, 52 weeks a year with only a lunch break and two 15-minute breaks throughout the day. However, for individuals age 50 – 54 and age 55 and up, there are special rules that make it easier to win a favorable disability determination. Understanding these subtle differences can be the difference between winning and losing.
2.Be out of work or expect to be out of work for 12 months or longer.
Social Security does not offer compensation for short-term disabilities. To compensate for disability, Social Security requires a continuous 12-month period where an individual is unable to work due to a medical event or a combination of medical conditions.
If you are unsure about how long you are going to be out of work you should still file. However, if you know for sure you will be back to work in 3 – 6 months, this program is not for you, and you are not going to get paid.
3.Cooperate with the process.
Dealing with the government can be frustrating. Individuals applying for Social Security disability are often in tremendously difficult life situations. They have medical conditions that are serious and prevent them from working. They turn to Social Security because they are in dire need of financial and medical assistance and are simply seeking access to the money they paid into the system now that they really need it. It can routinely take 6 – 9 months to get an initial determination.
During the early part of the process, SSA sends out a lot of paperwork that must be completed. SSA schedules medical examinations with SSA doctors. In between paperwork and these appointments, there is often silence. The most important thing to do is cooperate. If Social Security sends forms, you fill them out immediately. You submit them. You make sure SSA has them. If SSA schedules an appointment, you go. Don’t fight the process because all that does is cause further delay or denials.
4.Seek medical treatment.
People often think that their cases come down to how they describe their disabilities. This may be the case when you get to hearing, but at the early stages, it all boils down to what you can prove, not what you say.
Individuals who are in medical treatment have a better chance of getting approved than individuals who are not. That does not mean you cannot win with little to no medical treatment, it just means it is harder and more likely will require a hearing in front of a judge.
If you are in medical treatment, use each treatment event as a chance to document how your medical conditions are limiting your ability to live a normal life. When you see a doctor or nurse and they ask how you are doing, don’t just say “okay”.
If every time you see a doctor you say “okay”, by the time SSA makes a decision you will have repeated entries that you’re doing “okay”. Even if you are doing okay at the of the treatment say “I’m doing okay but…..yesterday, I was not” or “Last week was really bad for me.”
5.Don’t give up.
If you really cannot work because of your medical conditions, don’t give up. Social Security saves hundreds of millions of dollars each year by denying and delaying cases. Remember, this is your money you are fighting for!
Seek help before giving in.
If your claim has been denied or you are currently working through the appeal process and need help, contact Mr. Sauerwald and the team at Disability Help Group at 800-800-3332 today and see how we can help get your claim approved. Since 2010 Matthew Sauerwald has been a leading voice for the disabled community in seeking compensation from the Social Security Administration and the Department of Veterans Affairs. Mr. Sauerwald has led one of the nation’s most successful disability advocacy organizations Disability Help Group since 2015 and has litigated thousands of Social Security disability hearings resulting in hundreds of millions of dollars of disability awards. Learn more about Matthere.
– Matt Sauerwald, Vice-President, Disability Help Group
Matt Sauerwald is one of the leading Disability Advocate’s in the U.S. With a wealth of knowledge and expertise in Social Security Disability law, he has dedicated his career to helping people who are unable to work due to a disability and has successfully represented thousands of clients in their claims for disability benefits.
Today, Matt shares his top five benefits of working with a disability advocate:
Social Security has special rules for disability applicants who are 50 years or older which makes getting approved easier. These are called the Medical Vocational guidelines or grid rules. However, application of these rules is not automatic. They all come down to the exertional and skill level of an applicant’s past work. Hiring a Social Security disability advocate to file your application can help ensure you get the benefit of these rules.
The unfortunate reality is that a majority of individuals who apply for Social Security disability get denied at the first administrative steps of the process. Here’s how a skilled advocate can help you get approved:
1. Working with a disability advocate helps many people by correcting the errors that Social Security makes in adjudicating claims at the first steps of the process.
2. A disability advocate can help claimants understand the nuisances in the SSA disability system, fix holes and medical evidence, and develop a winning strategy if the individual has to wait for a hearing before a judge to get approved.
3. That same disability advocate will help the client get prepared for the hearing and argue on the client’s behalf before an administrative law judge.
4. Aside from preparing and educating clients on how the system works, the other thing a disability advocate can do is save the client time.
5. While a disability advocate cannot/should not fill out forms for the client, the advocate can automatically file appeals, request and receive updated medical records to complete the case file at the hearing stage and help the client apply rules that result in SSA issuing a decision more quickly.
If your claim has been denied or you are currently working through the appeal process and need help, contact Mr. Sauerwald and the team at Disability Help Group at 800-800-3332 today and see how we can help get your claim approved.
Since 2010 Matthew Sauerwald has been a leading voice for the disabled community in seeking compensation from the Social Security Administration and the Department of Veterans Affairs. Mr. Sauerwald has led one of the nation’s most successful disability advocacy organizations Disability Help Group since 2015 and has litigated thousands of Social Security disability hearings resulting in hundreds of millions of dollars of disability awards. Learn more about Matt here.
When you suffer an injury or other disability, you may have different types of benefits available. For example, if you’re injured on the job, you may receive workers’ compensation benefits. And, if you have coverage through your employer or a policy you purchased yourself, you may also have long-term disability (LTD) benefits. And, if your condition persists, you may qualify for Social Security disability benefits (SSDI).
SSDI benefits typically are not affected by long-term disability that you receive through your employer or through a private policy you purchased. However, your LTD policy will usually contain language that says your benefits will be reduced if you’re receiving certain other types of compensation, including SSDI benefits. If benefits aren’t carefully coordinated–and sometimes even when they are–receiving SSDI will result in an overpayment of LTD benefits. When that happens, the LTD carrier will be looking to get those extra payments back.
How Does LTD/SSDI Offset Work?
Long-term disability benefits are typically reduced by the amount of SSDI the beneficiary receives. For example, if the disabled person was entitled to $2,500/month in long-term disability benefits and received $1,000/month in SSDI, that $1,000 would be subtracted from the long-term disability benefits. The recipient would still get $2,500/month, but it would be $1,000 from Social Security and $1,500 from the LTD carrier.
If you receive both LTD and SSDI and you don’t report your SSDI income to the LTD carrier, you could end up with an overpayment that must be repaid. More commonly, though, the overpayment results from the difference in approval times for LTD and SSDI.
Both the waiting period and the typical processing time for LTD may be significantly shorter than those for SSDI. For example, if you apply for SSDI and LTD at the same time, you could start receiving LTD payments within two to three months. It may take a little longer than your carrier, but it will rarely take as long as SSDI.
SSDI approval typically takes several months, even if you are approved at the initial application stage. And, most people aren’t approved at the initial application stage. Depending on where you are in the country and how far you have to go in the Social Security disability appeals process, it could be two years or more before you receive benefits.
But, when you finally receive benefits, you’ll receive a lump sum payment covering all of the months back to when you first became eligible. That often means you’ve received both LTD and SSDI benefits for the same months, resulting in an overpayment–sometimes a large one. So, it’s important to notify your LTD carrier right away if you’re approved for SSDI and find out whether you have been overpaid and owe them a refund of some of those funds.
Coordination of Disability Benefits Can Be Complicated
The differing waiting periods, backdated payments, and other elements of the disability benefits process can be confusing. If you’re applying for SSDI and are receiving LTD benefits, your Social Security disability benefits advocate can help you understand how the two benefits work together to avoid unpleasant surprises. To learn more about our services, contact us here or call (800) 800-3332 right now.
The Social Security Administration’s “appeal under review” update in the Social Security disability (SSDI) appeals process can be perplexing. The notification advises you that a decision has been made. You read all of the information you can find carefully, and it contains no clues about what that decision may be.
You’re not missing anything. You won’t be advised of the decision until the review is complete. Many SSDI applicants think “under review” sounds negative, or just worry about why they’re seeing this update and what they should do. Here’s what you need to know if you receive an “appeal under review” letter or see that status.
What Does “Appeal Under Review” Tell You?
The short answer is that seeing “appeal under review” doesn’t tell you anything especially useful about your case. It means that a medical decision has been made, but that decision could be positive or negative. It tells you that the SSA has assigned someone to review certain elements of your claim. But, that’s not necessarily a problem for you. It’s just a step in some SSDI appeals.
In other words, you don’t know anything more about the outcome of your case than you did before the status update, except that the process is nearing an end. For better or worse, there’s generally nothing to do but wait. If and when your claim is approved, you’ll be clearly notified. If your claim is denied, you’ll be notified and have an opportunity to take the next step in the process.
What if the Appeal is Denied?
The appeals process is a multi-step one, so if you receive a denial after the review is complete, you still have options. The hearing before the administrative law judge (ALJ) is one of the last steps in the process, but it’s not the end of the road. The next step is to request a review by the Appeals Council. Unlike the other steps in the process, there’s no right to this review–the Appeals Council decides whether or not to take up the case.
If they pass or rule against you, the final step is the federal district court. That is a much more complex process that is best attempted with the help of an experienced disability lawyer.
How a Social Security Disability Advocate Can Help
Most SSDI claims are initially denied, and it can take months or years to work your way through the appeals process and secure benefits. That means it’s especially important to construct a strong application with thorough documentation and to keep the process moving forward if you have to appeal.
At Disability Help Group, we can assist at any stage of the process, from initial application through the Appeals Council review. To learn more about how we can help, contact us here or call (800) 800-3332. Generally, the earlier in the process you get help, the better.
Most people know that Social Security provides disability benefits for U.S. workers who become disabled before retirement age. But, many people have questions about the details, such as:
The applicant must have sufficient work credits to qualify (there is an exception for those who become disabled as children, who may qualify based on a parent’s work record)
The applicant must be unable to engage in substantial gainful activity due to a medical condition that will last at least a year or be terminal
How are Social Security Disability Benefits Calculated?
Social Security benefits are based on your average earnings across your working life. The Social Security Administration (SSA) provides calculators to help you determine how much you may qualify for in various types of benefits. However, you should be aware that certain other types of benefits, such as workers’ compensation benefits, may impact your Social Security Disability.
In 2023, the maximum possible SSDI benefit is $3,627/month. But, the average monthly benefit is less than half of that.
What Other Benefits are Associated with SSDI?
Dependent Benefits
Depending on your family circumstances, your dependents may be entitled to Social Security benefits if you are receiving SSDI. Generally, your spouse must be 62 or older or caring for your child who is under the age of 16 or disabled. These benefits may even be extended to a former spouse if you were married for at least 10 years, they are currently unmarried and they are 62 or older.
Your children may also be entitled to benefits if they are under 18, or are under 20 and still in high school. Under limited circumstances, grandchildren who are living with you may also be eligible for benefits.
Medical Benefits
After two years of receiving Social Security disability benefits, you will automatically become eligible for Medicare, regardless of your age.
How Long Do You Receive Disability Benefits?
For most people, SSDI benefits continue until the recipient reaches full retirement age. At that point, they are automatically transitioned to Social Security retirement benefits. However, Social Security disability benefits continue only as long as the disabling condition persists. For example, someone who received SSDI due to disabling cancer, but was successfully treated and recovered, would no longer be eligible after recovery.
Some recipients also voluntarily transition off of disability benefits through the Social Security Administration’s Ticket to Work program.
Get the Help You Need With SSDI
Of course, the most important thing about Social Security disability benefits is securing them as quickly and efficiently as possible. Many people wait to seek help until after they’ve been denied, but working with an experienced disability benefits advocate from the beginning can help ensure you submit the strongest application possible. To learn more about how Disability Help Group can help, contact us here or call (800) 800-3332 right now.
