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Social Security > Tips
for Applying for Social Security Disability Benefits
Likelihood of success. If (a) your physical
or mental disability is severe, (b) your condition
limits your activities of daily living, (c) your medical
impairment will last or has lasted longer than 12
months, and (d) your doctor agrees with this assessment,
you should apply for Social Security disability.
Irrelevant evaluation factors. SSA has a strict
definition of disability that ignores many real-life
aspects of the job market. Difficulty finding a job,
thinking that no one will hire you with your condition,
believing you could not pass a job-required physical, or
even knowing that the pay you would receive for the work
you can do is too little to live on all of these
important real-world considerations do not matter to the
Social Security Administration (SSA) when evaluating
your claim for benefits.
Proof from doctors
Medical evidence. As is the case with most legal
claims, what counts in disability evaluations is what
you can prove. If no medical records exist to support
your claim of disability, you are unlikely to be
successful. SSA figures that if your medical condition
is severe enough to keep you from working, then it
should justify doctor visits, tests, diagnosis, and
treatment.
Failure to follow treatment.
SSA expects you to try to get better. That means doing
what your doctor prescribes. If you do not believe that
your doctors recommended treatment will help, then be
sure your doctor documents the treatments odds of
success or failure.
Keep good records.
Conversely, if you do follow your doctors prescribed
treatment, document your efforts. Without records, you
are unlikely to remember the date of every doctor visit,
lab test, medicine taken, and therapy received. Obtain
the business cards of every doctor you see and file
them. Save your pill bottles. Keep notes of your pain
and other medical events.
Evidence from you
Symptoms vs. diagnosis. SSA does not expect you
to be an expert on medical conditions. Even if you are,
SSA would rather learn about your impairment from your
doctor and your medical records. What SSA wants to
receive from you are details about your symptoms. For
example, how severe is your pain? Is it constant or
intermittent? What aggravates your pain? What reduces
it? Do you suffer from shortness of breath or fatigue?
No one knows your symptoms better than you. Do your best
to explain them in detail without exaggerating or
minimizing. Do not omit or gloss over any lesser
conditions just because you have one severe condition
and several minor ones.
Physical restrictions.
What cant you do? Sit for lengthy periods? Stand and
walk? Lift and carry? Bend, twist, kneel, and stoop?
Manipulate objects with your hands? Social Security
disability is a functional program. SSA will focus on
your limitations rather than your diagnosis.
Effect of symptoms and restrictions. How does your
medical condition affect your daily activities? Tell SSA
about the impact on your personal care (hygiene,
dressing, bathing), errands and housework (driving,
shopping, cleaning), and social functioning (hobbies,
sports, interaction with friends and family).
Final point
Consistency, accuracy, and
honesty. Contradictions, errors, memory lapses, and
discrepancies all work to erode your credibility, and
nothing will sink your claim faster than questions about
your truthfulness.
Contact me, Mark M. Nesbit, to learn how I can help you
obtain the benefits you deserve.
Free Initial Consultation / (614) 586-1310; Toll Free
(800) 876-9057
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