| Step 1. You must believe that you have a valid | | | | Step 3. How much time will pass before I receive |
| disability case | | | | a decision? |
| We've all heard the SSA disability horror | | | | Welcome to Federal bureaucracy...need I say |
| stories...but all too often I am surprised by the | | | | more? Actually, the answer varies from state to |
| number of people who wonder whether they | | | | state. In general, you should expect to wait at |
| have a valid claim and if it is worth their time to | | | | least four (4) months to receive an initial decision. |
| file for disability benefits. In my opinion, over 80% | | | | If you are denied and appeal, expect to wait a |
| of the individuals whose cases I review have a | | | | minimum of four (4) months to receive a |
| valid claim. If their claim is properly prepared they | | | | reconsideration decision. If your claim is denied at |
| stand an excellent chance winning their | | | | reconsideration and you have a hearing before an |
| case...regardless of the diagnosis(es). | | | | Administrative Law Judge, your claim will likely |
| What is the profile of the average person I am | | | | have been pending for a year to a year and a |
| referring to? | | | | half before you receive the ALJ decision. |
| In general, they range in age from 30 to 60, have | | | | The often absurd amount of time it takes to |
| worked most of their adult life, have a confirmed | | | | work through the system is the main reason you |
| physical and/or psychological disorder, undergo | | | | should file your claim immediately after you have |
| regular and consistent treatment with their doctor | | | | met, or expect to meet one of the duration |
| psychiatrist/psychologist, have documented | | | | requirements listed above. |
| symptoms and limitations significant enough to | | | | Step 4. What if I filed a claim within the last |
| preclude full time work, and they believe or have | | | | couple of got denied and didn't do anything? |
| good reason to believe their doctor(s) will support | | | | Literally everyday I am asked this question and |
| their claim for disability. | | | | am surprised how often this occurs. Unless you |
| If you are saying, "he is describing me!" then I | | | | are expecting it (and who is?)...receiving the denial |
| have excellent news for you...you can win your | | | | letter from SSA is aterribly deflating and |
| social security disability claim regardless of your | | | | depressing experience. Many people never |
| diagnosis (yes, I am referring to the FMS/CFS | | | | recover and give up, assuming they can not beat |
| crowd!) | | | | SSA at it's own game. The final act is to retreat |
| Several times a day I am asked, "Can you win a | | | | to the nearest closet never to be heard from |
| case based on fibromyalgia and/or CFIDS?" The | | | | again! Nationwide, 50% of the claims that are |
| short answer is an emphatic "yes!"...it happens | | | | initially denied are never appealed...in my opinion |
| everyday. I have been told that SSA employees | | | | SSA counts on claimants quitting. If I have |
| and even some disability attorneys are responsible | | | | described your situation I may have good news. |
| for disseminating the belief that one can not win a | | | | Don't quit...get angry! |
| disability case based on FMS/CFS. | | | | Think of it this way...when you were forced to |
| If you learn one piece of information from this | | | | pay social security or self-employment taxes to |
| article let it be this: if you match or come close to | | | | Uncle Sam, in return, SSA made an agreement |
| matching the above profile you have a good | | | | with you that part of the taxes would provide |
| chance to win your disability claim...don't let anyone | | | | disability insurance if you ever became unable to |
| tell you differently! Success in your disability claim | | | | work...thus, by filing a claim you're not asking for a |
| begins with belief in yourself and case preparation! | | | | government handout...you're seeking benefits you |
| Now that I have your attention...ignore the | | | | should be entitled to...benefits you have paid for! |
| naysayers and proceed to Step 2. | | | | If you are covered for disability insurance benefits |
| Step 2. Filing your application with SSA | | | | (SSDI)(see the frequently asked questions page |
| You should file your application with SSA as soon | | | | for information), federal law allows you to reopen |
| as you meet either of the following requirements: | | | | the prior claim within one year of the date of the |
| (1) you have been out of work due to disability | | | | initial denial for any reason. You can even reopen |
| for twelve (12) consecutive months, (2) or it is | | | | a prior claim within four (4) years of the initial |
| expected that you will be out of work for a | | | | denial if SSA finds good cause to do so. |
| minimum of twelve consecutive months (if twelve | | | | Even if you are unable to reopen a prior claim you |
| months have not yet passed since you last | | | | should still be able to file a new SSDI application if |
| worked), (3) your medical condition is expected to | | | | it has been five (5) years or less since you last |
| result in death. | | | | worked full time. |
| Many people have been told they must wait | | | | Step 5. Should I consult with or retain a disability |
| either from five (5) to twelve (12) months after | | | | attorney? |
| they stop working before they can file a claim | | | | In my opinion, you should consult with a disability |
| with SSA...this is simply not true! You can file an | | | | attorney as soon as possible after you file your |
| application at any time after you last worked so | | | | claim. Almost all will provide advice for free. |
| long as you meet one of the requirements above. | | | | However, be careful as it is very common for |
| Too many people file their claims years after | | | | attorneys to advise a person to contact them |
| they have stopped working...this is a tremendous | | | | only after their claim has been denied once or |
| mistake and usually will cost them benefits and | | | | twice. Because almost every disability attorney |
| possibly their claim. | | | | gets paid a fee only if you win your case, they |
| To file an application, call SSA toll free at (800) | | | | want your case to be in their office for as short |
| 772-1213 or stop by any local SSA office. There | | | | a time as possible...this may not be in your best |
| is no charge to file an application (or to withdraw | | | | interest. |
| one). What information will you need to provide to | | | | Following this advice could jeopardize your claim. |
| SSA? Please visit SSA's website provides a list of | | | | Why? My experience is that SSA will usually |
| information SSA requires. Providing all the | | | | develop a case against you from the day your |
| information SSA requires will speed up the | | | | claim is filed. All too often, the evidence SSA |
| process and avoid those famous and unnecessary | | | | develops will be used by it or a judge to deny |
| bureaucratic delays. | | | | your claim. In many cases, the development of |
| An SSA employee will take your application and | | | | this evidence can be avoided or mitigated if a |
| set a phone or personal appointment for you to | | | | knowledgeable disability attorney is involved from |
| file your initial claim at a local SSA office. My | | | | the beginning of your case. |
| suggestion is that if possible you avoid seeing any | | | | What if an attorney will not take your case from |
| employee at a SSA local office! Why? When you | | | | the beginning? I would continue trying until you |
| visit a local office the employee will make notes | | | | find one that will. To determine whether you can |
| about your general appearance, grooming and | | | | afford a disability attorney please see my article |
| how well you seem to function...this information in | | | | entitled "Winning your Social Security Disability |
| your file is rarely helpful. | | | | Claim: 15 Mistakes You Can Not Afford to Make. |