This article will attempt to clarify to process of applying for and securing Social Security Disability benefits. It can sometimes be a difficult, time consuming and draining process. But to be successful, one must be patient and organized.

The first consideration is the application process. It is now up to the claimant to make the choice as to whether he or she wants to apply in person or do it on a home computer. If in person, plan to make an appointment with a representative at the local social security office. That person will take down information, including doctors' names and treatment dates. You will also sign releases for the Administration to gather information on their own from your doctors. The next step which generally follows is that the Administration will send out notice that a doctor at their own expense will evaluate you. This is rarely helpful but it is mandatory in the process.

Most people get denied at this application stage. Within 60 days (with an extra 5 days for mailing time) you must appeal the decision. It is at this stage that the Administration will request more information and seek out more doctor support. If you thought your chances were slim at the first stage, they don't get much better here. A large percentage of applicants are denied. Which leads us to the third and final stage: The request for a hearing stage. You must request a hearing before a judge. It is at this point that you will have your proverbial day in court. Preparation is key. Not only will the judge be there, but perhaps a vocational expert and a medical expert. The judge will conduct a hearing based on all the evidence and decide if you have the capacity to work in the open marketplace. There is an appeal process in Federal Court if things don't go well. But with proper preparation, the chances of prevailing before an Judge are substantially better than your odds earlier.

By: Bruce Lipsey

I recently represented a client in a Social Security hearing that made me think to write about some little known rules used by the Social Security Administration to make disability decisions. The SSA calls these rules the Medical-Vocational Guidelines. My client was disabled by arthritis and fibromyalgia. She was 50 years old at the time she became disabled. She had only a 9th grade education. In all her past jobs she had always worked as a laborer or factory worker, jobs that required her stand all the time and lift heavy weights. She had never done a sit-down job. Her doctor gave the opinion that the most she would be able to do was a sit-down job.

Based on the Medical-Vocational Guidelines, my client was disabled and eligible for benefits. The Guidelines say that if a person is age 50 or older, has a limited education and has never done a sit-down job, it is assumed by these rules that they are considered disabled from all work, even sit-down jobs. These rules make it easier to prove that a person in these circumstances is disabled because a large category of jobs is already eliminated. So, if a person can only do a sit-down job, like my client, they are disabled according to the rules. The rules become even more lenient when a person turns 55 years old and then again at 60 years old. Also, other rules can come into play that are very helpful in different situations. However, many Social Security Administrative Law Judges do not remember to use the rules or apply them incorrectly.

At her hearing, I argued that my client was disabled and eligible for Social Security disability benefits according to the Medical-Vocational Guidelines. Happily for her, we expect a favorable decision from the Administrative Law Judge. You have a better chance of a happy ending to your hearing by talking with an attorney about your claim before going to a hearing. Make sure the rules work for you.

By: Sondra Burger
Attorney at Law
Charles D. Hankey Law Office
434 E. New York Street
Indianapolis, IN 26202
317-634-9818
800-520-3633
Website: http://www.hankeylawoffice.com

The author is an attorney in Indianapolis, Indiana who focuses her practice on Social Security Disability and Indiana Workers Compensation. She is a partner in the Charles D. Hankey Law Office P.C. and has practiced law for 19 years. She attempts to provide results with compassion. Copyright 2008.

A claim for social security disability (SSD) or SSI is approved or denied at one of three levels. First, a claim is evaluated by a disability examiner for the social security office, who may approve, but will most likely deny the claim; then the claimant can file for request for reconsideration (even more likely to be denied); and finally, the claimant can request that his or her case be heard before an administrative law judge (ALJ), where the claim has the best odds of being granted.

At the first two levels, when dealing directly with the state disability agency, many claimants choose to forgo legal counsel. This saves the claimant legal fees, and in any event it can be difficult to get a disability lawyer to represent you at this stage-many attorneys will not take on a case until the initial claim and request for reconsideration have been denied.

However, when your case comes before a judge, it is well worth the cost to have a disability lawyer at your side. Experienced legal counsel can help present your medical evidence in such a way that both supports your claim of disability and follows the guidelines of SSA rules and regulations.

In the event that the ALJ decides to have a vocational expert (VE) present at your hearing, you will most certainly need a seasoned disability lawyer at your side. This is because the sole purpose of a vocational expert is to provide the judge with a list of jobs available in the national economy that someone with your qualifications should be able to perform, despite your current medical condition. To put it simply, the VE will discuss your limitations; i.e., whether you can bend, lift, sit for extended periods of time, etc., then tell the court that despite your difficulties you can still work, and then give examples of the types of jobs out there you can perform.

In fact, the a court-appointed VE is almost always the adversary of the claimant, and if the court has requested the presence of a vocational expert in your case, the chances are the judge is already of the opinion that you are not disabled, or at least that you are not incapacitated to the point that you cannot work. By hand-picking a VE to refute your case, the judge is in actuality seeking confirmation of an opinion which he or she has already formed, which is in all likelihood unfavorable to the claimant.

When a vocational expert is present, it is most critical that a disability attorney present your social security disability case. It is the rare case that a claimant is able to refute expert testimony in any meaningful way. Remember, the VE will know how to interpret your medical records and work history in a way that will result in denial of your claim, and it will take an experienced disability lawyer, one who is familiar with such vocational testimony, to develop a legal strategy that results in the approval of your disability benefits.

By: Carol Duncan
Carol Duncan, the writer of this article, is the founder of the Social Security Disability Resource Center blog.

If you're reading this, you've most likely been denied for Social Security Disability benefits. And, you most likely are faced with the decision of whether or not to appeal. Here we will talk about what will happen if you appeal, and the benefits of doing so, as well as what will happen if you do not appeal and/or start a new disability claim.

If your initial application was denied, in order to appeal you will need to file your Request for Reconsideration (in most states). What you should know is that Social Security denies most initial disability applications (up to 75% in some states), so you are not alone. Some applicants, discouraged by the denial, give up. Others allow the 60 days to expire before deciding they want to appeal the decision and keep trying, but it is too late. The only exceptions to the appeal period are if the appeal was sent before the 60 days and got lost in the mail or wasn't received by Social Security in time, or perhaps if an emergency has arisen. Otherwise, if you wait until the 60 days are up--too bad. You start all over.

If you decide to appeal and file your Request for Reconsideration, your file will be sent to the Disability Determination Services, at which point your medical records may be requested from your doctors. You may be sent to see Social Security doctors if you haven't seen one in awhile, or simply for a second opinion. With all the work Social Security does at this point, you would think that your chances of being approved would increase. But unfortunately, even more are denied at this level than at the initial level. If you receive a denial at the Reconsideration level, APPEAL.

The reason you are so strongly encouraged to appeal is because the next step is the hearing level. The disability hearing is your greatest chance of being approved. Social Security will assign an Administrative Law Judge to hear your case, and will choose a date and time for you to appear before him. Then the judge can see you, evaluate your disability, and make a determination. If you have a disability attorney, your chances of being approved at this level are excellent. If you are unrepresented, your chances are still good if you are prepared. Unfortunately, while the hearing level has the greatest possibility of success, it also has the longest wait. Many applicants wait a year or more to have their Social Security Disability hearing scheduled. Meanwhile, those who are truly disabled may be living with friends or relatives, barely scraping by. This is one circumstance that the Social Security Administration is trying to change.

Once you receive the decision from the judge, and if it is unfavorable, you have another choice to make. The next appeal is a very long one, and the chances of being approved at that level are low. Sometimes your disability case is remanded back to the judge to review again, often with the same result. Another option is to start another claim, or even start your new claim while the first is pending at the appeal, if allowed by your state. It is possible that the new disability claim may be approved before the first, or at least you may get a different judge at the second hearing. Again, though, the problem is the long wait.

No matter what point you are at in the Social Security disability process, the recommendation is to APPEAL. Do it quickly. Show that you are sincere in your efforts, and don't be discouraged when your disability claim is denied, which it probably will be at least once. Perseverance is the most important factor if you are seeking Social Security disability benefits. Best of luck.

By: Becca Rode
Becca has been involved in the Social Security world since 1995 and enjoys watching the program change peoples' lives.

Contributed by:
Stan Warner
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