This informative article, titled, “Before You File for Social Security” helps answer such questions like:
It’s well-written, helpful and full of good information for anyone considering filing for Social Security disability benefits or SSI.
PR Newswire reports that a survey of more than 200 Social Security Attorneys nationwide revealed that one of the most important factors in determining whether or not a disabled person will be approved for Social Security benefits is not something that would normally make the top of a list of possible reasons. As surprising as it sounds, your disability claim may be held hostage by nothing more than where you live.
Turns out, it appears to be true. The survey revealed major differences in approval rates for Social Security disability benefits and Supplemental Security Income benefits based when similar claimants with similar conditions and educational background were compared across different geographic areas of the country. Further, the study revealed that geography also plays a significant role in the amount of the back pay awarded by the administrative law judge.
When the geographic variable was removed the approval rates and award amounts fell back within reasonable averages when compared against one another.
Possible Causes
The study organizers indicated that the disparate results are most likely caused by the differing attitudes and views of the various judges that hear these types of cases. However, there are other theories as to why the results are so different from one location to another.
Samuel Packard, a Social Security attorney for Packard LaPray, doesn’t completely agree. “Typically, the amount of back pay awarded depends on the amount of time a person has to wait before they have a hearing with the judge. As a result, if a certain geographic location has a long processing time before hearings are held, then claimants that live in that area will typically be awarded more back pay,” he stated.
When asked to next consider possible causes of disparity in overall approvals, Packard continued by stating, “A high percentage of denials are not based on whether the claimant is actually disabled, but rather on the amount of medical treatment the claimant could have received that would have proved their medical condition. As a result, people who live in geographic locations that offer health care to those who are indigent or otherwise financially destitute have a higher chance of showing the judge that they are in fact disabled.”
What Can Be Done?
While these factors may appear to be outside the control of claimants and their attorneys, that isn’t always the case. Many Social Security lawyers agree that continued, regular visits to the doctor during the life of the claim can help overcome the influencing factors of geography in determining approval rates and award amounts in disability claims.
Statistics also indicate that claimants who are represented by experienced Social Security attorneys have a much higher approval rate at hearings than those who simply choose to represent themselves. A claimant’s representative will help ensure that medical care and continuous updates to the medical record by doctors and other qualified health professionals so that the record does not become bare leading up to the hearing.
Today I received this email from a prospective client asking about the possibility of filing a Social Security disability claim while working. The email states:
“My doctors currently say I am or very close to being fully disabled. However if I file for disability while I am still working I would get denied , correct? I am at an impasse with working. I have to force myself to keep working because I need the income even though it is almost impossible for me to get around. I may have enough money to go ahead and quit working to last me a short while, but I am not at a point to make that last very long. I am 60 yrs old and am trying to work with new braces I have, but it is not going well. I suspect I will be permanently in a wheel chair very soon. Suggestions, please! “
My response was simple:
“It is possible that you could be turned down depending on how much money you are making. Social Security considers an income of $980.00 and higher to be “substantial gainful activity” and you are not eligible for Social Security benefits. If you are making less than $980 per month, then you can file an application; however Social Security does look at the fact that you are working and will take in consideration how many hours per day and per week that you are able to work.”
Something to keep in mind
I was recently reviewing the medical records of an old case. In this particular matter, the claimant was simply diagnosed with “Failed Back Syndrome”, otherwise known simply as (FBS). In this regard, the claimant had undergone a previous back surgery to remove a herniated disc in his lower back. Afterwards, he failed to notice any real improvement, and more importantly, over the course of the next few years, his back became more and more symptomatic, to the point that he was essentially debilitated from any real quality of life.
I remember this client well. He had worked all his life as a carpenter and was now effectively prevented from performing any meaningful labor. He became totally dependent on family and friends, he had to move in with in-laws, eventually dwindling into depression and hopelessness.
When he came to me for help, he was amazed when I told him that even though his condition was severe, there was no guarantee that the Social Security Administration would declare him to be disabled.
How To Prove You’re Disabled Because of Severe Back Pain
The nature of pain is purely subjective. There has been little progress in the medical world to quantify pain, especially when comparing one person’s level of pain to another’s. Anyone who has been to the doctor for an injury has probably been asked to “rate the level of pain on a scale from one to ten”, but it’s not hard to see that is not an entirely practical or fair measure of the amount of debilitating pain that a patient may feel. Simply put, pain, in and of itself, is not considered to be a diagnosis.
First, you must show that your back pain prevents you from doing certain things that would normally be expected of someone in any type of job for which they are otherwise qualified. Sitting, standing, walking, lifting must be affected to a severe degree. Additionally, the pain must be so that it requires you to take medications that may interfere with your ability to memorize and communicate well. Lastly, the administrative law judge and other experts at the disability hearing must agree that your pain is significant and debilitating.
What can you do?
Ultimately, you should gather all your medical records, file for social security, and expect to receive a denial of benefits. Then, find a qualified Social Security Lawyer to help you with your claim. Cases such as these are rarely approved for Social Security benefits without going to a hearing, and your chance of success is significantly improved if you are represented by a qualified Social Security lawyer.