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DISABILITY APPLICATION PROCESS

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A forum to discuss the Disability Application Process and learn from member's experiences internationally.

Location: subject-specific group
Members: 20
Latest Activity: Mar 12

OVERVIEW OF APPLICATION PROCESS

Filing for disability insurance isn't necessarily a "crisis" in itself. But job loss for many people is. Thus you may need to apply for help at a time when you are otherwise in the middle of a mess. You might find yourself dealing with a lot of distractions while you're trying to get financial help for your day-to-day expenses.

The disability process is different from country to country. In the US, it is also different for private disability insurance (which you have paid for, or which was provided through an employer) versus for Social Security Disability Insurance (SSDI). The central "contract" is the same. In return for having paid in a monthly insurance premium, an insurance company or government agency will partially replace your income for some identified period of time, after a medical condition makes it impossible for you to work.

For both public and private insurance, there is a waiting period after you have been forced to stop working, before you can apply for disability compensation (for SSDI it is five months). To qualify for disability under SSDI, you'll need to go through an evaluation called "Residual Functional Capacity" or RFC, and demonstrate a level of disability which will keep you from working for at least a year. There is also a maximum amount of money that you are allowed to earn from occasional or part time employment, without a decrease in your SSDI benefit. Disability payments and allowances for other outside income are generally not high. But everything helps.

In the US, it is important to know that the SSDI application process may involve as many as three stages which might require a year or more to get through. To start, you need to go to your nearest Social Security Administration office for pamphlets which describe what you do and what documents you need at each of these stages.

For the first two rounds of the process, you won't need a lawyer and in my opinion you might be well advised not to hire one. What the attorneys don't want you to know is that a Social Security representative can assist you with the paperwork by asking you the questions and then they fill in your answers, either in person or in a phone interview. You don't have to do anything. Then the Social Security personnel send requests to your doctors for your records. You are not involved in that process at all. Additionally, your attorney actually doesn't do anything until a denial is made and you request a hearing and they don't even spend a moment filling out your paperwork - their paralegals do. I was able to be approved on my first application without an attorney and it saved me thousands of dollars.

A lawyer' fee for representing you in the SSDI process can be determined in one of two ways, both of them set by the Social Security Administration, not State law. The nominal fee is 25% of any award that you get of SSDI payments previously denied, up to a maximum of $6,000 dollars. However, the lawyer may also petition the Social Security Administration for some other level of compensation after an award is made.

If you must change disability lawyers in the middle of a case, things can become both complicated and expensive. For background reading see The Social Security Insider. Be aware also, that some lawyers don't support first-time applications because they feel the awards may not be large enough to cover their expenses. In any event, if you and/or a family member can do this process for yourself without a lawyer's help, you might come out better financially.

Your disability application will need to be backed by letters from your doctor (or doctors). These letters must identify your medical diagnosis and describe any past or present treatments that have a bearing on your ability to work. The doctor will also describe your symptoms and reactions to treatment, showing how these symptoms make it impossible for you to take regular employment -- even working from home. Many patients report being required to be interviewed by another doctor who is appointed to evaluate you and confirm that the symptoms and issues in your application actually exist. To be awarded disability, you must demonstrate that you are expected to be unable to work for at least a year. And the doctors who support your application need to be considered mainstream practitioners. The findings of a Chiropractor or Herbalist will have much less credibility than those of an MD, Doctor of Osteopathy or Ph.D. Psychologist.

About a third of all first-time SSDI applications are granted on the first try. Another 10-20% are granted on a reconsideration application. The rates of successful application vary sharply from US State to State. Numbers quoted on the website of "The Ultimate Disability Guide" vary from a high of 52% approval on a first application in Hawaii, to a low of 23% in South Carolina.

If you apply for SSDI and are denied, and then you apply for reconsideration and are again denied, there is a second level of review before an Administrative Law Judge. At this level you should be represented by an attorney. There is yet a third level of review in an Appeals Council. Theoretically, you could go even higher than the Appeals Council in Federal Court, but such legal actions are quite rare.

Be aware that once you have "won" an SSDI case, you also need to be mentally prepared for a periodic review by the Social Security Administration to determine whether you continue to be disabled. If all of this looks like an obstacle course to you, then you have a lot of company among disability applicants.

For additional information and insights, I suggest that you visit the Ultimate Disability Guide, above.

Discussion Forum

Is this done ? Disability for TN/Bipolar/ADHD/SEVERE ANXIETY DISORDER

Started by Phoebe. Last reply by Phoebe Jan 10. 6 Replies 0 Likes

Hello. I was not diagnosed with any of these conditions after I left work 2 years ago for retirement. I had worked from the age of 16. My last employment was for 17 years. I do not collect…Continue

Tags: ADHD, Anxiety, retired, Bipolar, Work

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You need to be a member of DISABILITY APPLICATION PROCESS to add comments!

Comment by Barb on February 27, 2012 at 7:36pm: I received two letters re: SSDisability. They scheduled me for two exams, medical and psychological. Is this a good or bad sign? I am in the first phase of the process. I am not good at espressing myself and am afraid I will blow it. Any suggestions?

Comment by Gloria E. on January 23, 2012 at 10:27pm: Welcome Pamf, our newest member here.
We hope you'find this information helpful.
Please feel free to ask questions and/or add to our information.

Comment by Lisa (iamrite) on November 27, 2011 at 3:06pm: I am a lawyer who worked for a firm that did disability. The partners of the firm were people of integrity. They pretty much refused to take cases in application process. And sometimes after the first denial. Almost all cases are denied the first time. Just are. There is no need to have a lawyer for any of it. We don't do the applications any better than you do.

One thing --- did these lawyers charge you? Because they should not have. By federal law they cannot charge for applications or denials. They can only take a portion of a successful settlement. So basically, they are taking a portion of the proceeds for filling out an application -- and you want the secret???? They don't fill it out, their paralegal does.

Honestly, it's a waste of time and money to do it this way. We knew it and so that is why my firm refused to do it.

Comment by elaine48 on October 31, 2011 at 10:24pm: i dont agree about hiring a lawyer from the beginning. rejection is the typical first response. but it really helped. Pain cases are not so easy to win. i was well documented by many reputable drs as to why i could not work. In Ny it usually is a 2 year process. It was a tremendous help, so I guess we dont agree. They do help you win,but you must prove an inability to work. also some people do need the help. So I dont think everyone should not hire one in the beginning. I dont agree.

Comment by Gloria E. on October 31, 2011 at 7:15pm: Just to document my experience, I was approved on the first application. Took just under five months for the determination. I saw one Social Security psychologist and one Social Security medical doctor during the process.

I would encourage everyone (if possible) to avoid hiring a disability attorney on the first application. The chances of approval are the same for having an attorney and not having an attorney on the first go around...and you might save yourself thousands of dollars.

Comment by Johanna Smith on October 31, 2011 at 10:24am: Thanks for the note on wonky stats.. I assuming that is their experience, not reflective of acceptance stats as a whole. They are a smaller firm and don't take a lot of clients, and reviewed my case for sometime before they took it on, due to what you mentioned below: they want to make money (don't we all!). I have been remiss in doing my research so I am excited about this group!

Comment by Richard A. "Red" Lawhern on October 29, 2011 at 4:16pm: Johanna, your lawyer's statistics sound a bit strange. As a matter of fact, first time success rates quoted in the Ultimate Disability Guide are more like a third, ranging by state between 25-50%. Success in the first reconsideration review is more like 10-15% of original applications.

Regards, Red

Comment by Johanna Smith on October 29, 2011 at 3:11pm: Thanks Red.

I hired a lawyer from the get go.   I don't have a family member who can help me.   My husband is very busy and the family I live near is non-participatory in any way in giving me an assistance with anything at all.

In WA State, and perhaps elsewhere, there is a law which dictates how much the lawyers can collect once you are accepted...   20% of your initial settlement or 6,000$ whichever is less.   If you're not accepted, my lawyer office, charges only for their materials or expense NOT for their time... average maximum amount is 700$.   I hired a lawyer as I really needed the help.

The average success rate for first time applicant approval, according to my lawyers, is 10-20%.   I am expecting to be denied the first time, as like you mentioned Red, the success rate when applying for "reconsideration" (2nd step if denied first round) is much, much higher.

I have read the link you provided and it is very helpful.   Thank you for posting it. I am going to reread all of the info on the SSDI website so that I am more knowledgable so that I can work with my lawyers better and to ensure that the information I am receiving from them and the work they are doing is up to par.

Thanks Red. Johanna

Comment by Johanna Smith on October 29, 2011 at 11:18am: Hi, my name is Johanna.   I am in the beginnings of applying for disability.   I am currently awaiting my first decision.   I joined this group in order to compare notes with others who are currently in the application process and to connect with others who have been accepted or denied.

I desperately need disability in order to supplement my husband's income.   We are really struggling and are barely able to keep afloat.   Some weeks, we can buy groceries, some not and much more.   This has caused a huge strain on my marriage and disability would help so much in paying bills and being able to visit more health providers for better care.

I have a lot of questions and will post a discussion.   Thanks for starting this group Gloria!   Take care.   Johanna