Persistence is the one word that comes to mind when we think of claimants who have won Social Security disability benefits. There are many other factors, of course, involved in preparing, presenting and appealing a disability claim. But if we had to pick only one characteristic that our winning clients have, it would be persistence. They don't give up.
Our firm puts a great deal of time and effort into preparing the initial application for Social Security disability. There is a great deal of paperwork and most of it will have a direct bearing on how the claim gets considered. For example, the Work History Report, if not completed properly, can give a totally false impression about the kind of work the claimant did in his or her past jobs. This can lead to the false conclusion that he/she can still perform most of that work.
The Function Report is another form that can get a case off on the wrong foot. Claimants should consider carefully how they answer questions or provide information on this form. The one problem I most often see with the Function Report is lack of specific details. "How far can you walk before having to stop and rest?" should be answered with a specific distance, not a generalization. "What do you do from the time you get up until the time you go to bed?" should paint a picture of the claimant's limited functioning.
If Social Security or the Disability Determination Service (DDS) sends additional forms to be completed, they should be filled out and returned within about ten days. The same precautions as I stated above should be followed.
Try to obtain a Medical Source Statement (MSS) from your doctor as early as possible in the claim process. This is a special form that lists your restrictions in work related activities, such as sitting, standing, walking, lifting, reaching, bending, etc. It is almost never included in routine medical records and Social Security will never ask your doctor for this form. It is up to the claimant or his representative to obtain this statement (form) from your doctor. It is absolutely vital to the success of your claim.
Finally, if the claim is denied - persistence requires that we file an appeal within the 60 day time limit allowed by law. It is actually at this stage where most Social Security disability claims are won. In Alabama, 51 percent who appear at a hearing win. In Tennessee 60 percent are awarded. The current national average is about 48 percent (down sharply from one year ago).
If you have been denied Social Security disability and have a hearing in your future, we strongly recommend that you obtain adequate representation. While your hearing is still the most likely place to win disability benefits, it will not be a cake walk. Hardly anyone now tries it without representation. And there's no reason to. A representative cannot charge you a fee unless you win. And any fee will be withheld from your back pay and paid directly by Social Security. So there is no risk of running up a big legal bill and not getting any money.
THE FORSYTHE FIRM Social Security Disability Counselors (256) 799-0297
