If you’re just beginning your Social Security Disability Insurance or Supplemental Security Income claim and haven’t spoken to a disability attorney, have your disability case evaluated today. A qualified lawyer can advise you on how to make the process go more smoothly and perhaps more quickly.

When filing a claim, realize the process could take more than a year. Though the Social Security Administration estimates initial claims filings to take 90-120 days, it’s not unheard of for the initial claim to take 6-8 months to complete . Even then, most of those initial claims - around 70% or more - are denied. The appeal process alone can take as little as 90 days to more than 1 year to get to the hearing stage, depending on the case load of the claims Examiner assigned to your case. Even then there is no guarantee your appeal will go through and your claim approved.

It’s important to have an attorney by your side to make the most of your disability claim process. Social Security Disability lawyers have specialized knowledge of how the benefits process works and can save you time and effort. Your disability is stressful enough without having the added burden of filing your claim alone. Get Social Security Disability help today.

Remember that for a claimant to be awarded benefits based on a mental disorder, the disorder must be considered to be “severe” by the SSA. By “severe,” they mean that the functional limitations caused by the disability, must show marked impairment in several areas of functioning. These areas of functioning are listed below.

 Activities of Daily Living
• Cleaning, shopping, cooking, taking public transportation, paying bills, maintaining a residence, caring appropriately for one’s grooming and hygiene, using telephones and directories, using a post office, etc.

 Social Functioning
• Capacity to act independently, appropriately, effectively, and on a sustained basis with other individuals
• Ability to get along with others
• Examples of impaired social functioning: Altercations, evictions, firings, fear of strangers, avoidance of interpersonal relationships, isolation, cooperative behaviors, consideration for others, awareness of others’ feelings, social maturity.

 Concentration, persistence, or pace
• Ability to sustain focused attention and concentration sufficiently long enough to permit timely and appropriate completion of tasks commonly found in work settings

 Repeated Episodes of decompensation
• Exacerbations or temporary increases in signs or symptoms accompanied by loss of adaptive functioning
• Episodes can be seen in records that show:
• Increases in medication
• Change of medication
• Need for more structured psychological support system
• Hospitalizations, placement in halfway house
• When they say “repeated episodes,” they mean one of two things:
• 3 episodes in one year
• Average of once every 4 months, each lasting at least two weeks

So in general, remember that it is not the actual diagnosis that will get a claimant awarded, but the functional impairments caused by the diagnosed mental impairment. For example, Social Security will not award a claim simply because the claimant has been diagnosed with bipolar syndrome. However, a claimant with Bipolar Syndrome who has marked deficits in social functioning, concentration, persistence or pace, and has had repeated episodes of decompensation, may be awarded.

If you would like more information on applying for Social Security Disablity (SSDI) or Supplemental Security Income (SSI), click here for a free consultation.

1. You make too much money. If you earn more than $940 a month, you will be denied SSDI outright. $940 is the limit to the amount of Substantial Gainful Activity (SGA) that can be performed.

2. Your disability will not last at least 12 months. If Social Security determines that your disability is not severe enough to last at least 12 months or result in your death, you will be denied.

3. You do not follow treatment prescribed by your doctor. If your doctor has prescribed treatment or therapy that is expected to improve your condition, you must follow it, or you will most likely be denied. A few exceptions to this rule do exist. A few of them are listed below.

You can not pay for treatment.
It is against your religious beliefs.
The doctor prescribes treatment that is not effective.
You have a mental illness that prevents you from following the prescribed treatment.

4. You do not comply with the SSA or DDS’s requests for information or medical records. Social Security will send you numerous forms and questionnaires to fill out that are meant to help them get a better idea of how your limitations affect your ability to work. DDS will also send you questionnaire’s and may even send you to a consultative exam (CE) to be evaluated by a doctor that they choose. If you are not forthcoming with requested information, or you fail to attend a CE, you can be denied.

5. Social Security is unable to locate you. If the SSA can not find you, they will be unable to assess the severity of your condition, and consequently, will deny your case.

As you can see, there are many potholes along the road to receiving disability benefits. A qualified attorney can help you navigate the tretcherous path to a successful claim. If you need assistance attaining the benefits you desreve, click here for a Free Social Security Disability Case Evaluation.

In order to file, one must submit the following forms to the SSA:

1. Request for Hearing by Administrative Law Judge (HA-501-U5)
2. Disability Report-Appeal (SSA-3441-BK)
3. Authorization for Source to Release Information to the Social Security Administration (SSA-827)

After the appeal is processed by the SSA, it will be forwarded to the Office of Disability Adjudication and Review, where it may undergo a pre-hearing case review to decide if a favorable decision can be made before a hearing is scheduled. If a favorable decision is made at this point, it is called a “Decision on the Record.” Generally however, the claim does proceed to the Hearing, which is scheduled many months later.

Step 1: Is the claimant engaged in SGA (Substantial Gainful Activity)?

SGA refers to a certain amount of money that a person makes from working. In 2008, the SGA threshold is $940 per month for a non-blind individual and $1,570 per month for a blind individual. If one makes over $940 per month, then that individual will be denied at Step 1. However, if he makes $940 or less, the adjudicator will move on to Step 2.

Step 2: Is the impairment or combination of impairments severe?

The SSA considers an impairment or combination of impairments to be severe if it significantly affects an individual’s ability to work. That is, does it cause such severe physical or mental limitations that one is unable to work on a sustained basis. If your impairments are determined to be not severe, the SSA will deny your claim. If they are severe, then they proceed to Step 3.

Step 3: Does the claimant meet or equal a listing in the Listing of Impairments?

The Listing of Impairments contains impairments from every body system. If a person meets the criteria established in a particular listing, or if the impairments are equivalent in severity to one of the listings, than that individual is awarded. If a person does not meet or equal a listing, he is denied at Step 3.

Step 4: Can a claimant do his prior work?

If an individual can do his prior job the claim is denied, because the SSA assumes that the impairment must not be severe (as defined in Step 2). If he is unable to perform his prior work, adjudication continues to Step 5.

Step 5: Can a claimant do any other kind of work?

If an individual possesses skills that can be transferred to another job, possibly one that is less physically or mentally demanding, then he is denied. If it is deemed that the claimant does not possess transferable skills that would allow him to perform another job, he is awarded.

If you are experiencing any of these symptoms, you may be eligible for SSI or SSDI. Follow this link for a free consultation with an experienced attorney.

Unfortunately, your chances of being denied at the Recon level are even greater than at the initial level, approximately eighty percent. This is not the end of the road however. It is simply a necessary bump in the road on your way to a hearing before and ALJ or Administrative Law Judge.

After you initial application has been received and processed at the SSA it is sent to Disability Determination Services (DDS) to be evaluated. Every claim is assigned a Disability Examiner (DE), who will ultimately approve or dissaprove your claim. He or she will immediately request medical records from physicians, clinics, psychiatrists, labs, and any other accredited source of medical records that you have listed in your initial application. The DE will also contact medical specialists employeed by the DDS as consultants to aid in making a decision, as well as schedule a medical examination when the records are unsufficient.

The time it takes to make a decision on a claim varies greatly and is affected by many different factors, but the main hold-up is the time spent waiting for medical records.

To have an attorney assist you in the application process as well as the rest of your case, please click here for a free evaluation.