Disability CheckList

Typically most applicants who file disability 99% are denied right away. Why is this? Most of the time many people decide to apply online. When this occurs if they agent has even the slightest question in regards to your application then it can be denied, that or if they are unable to make contact with you in regards to the question. Most of the time a denial will occur several times. In that case you will want to obtain legal representation. 

 

How does that work? After the usual 3rd denial you will want to obtain the legal representation, but first have your ducks in a row and be prepared. SSA uses their own in-house doctors who will typically deny almost everyone unless the case in point is severe.

 

So what do you need to do before and after the denial answers:

 

  1. Be sure and find a very good and well represntative to your case if you have been denied three times.
  2. For your application have all of your medical documents prepared. Including, basic check ups, medicines you take, MRI's, CT's or any other test proving you are disabled. This is vital you keep this up to date as you are preparing for your approval and after, if needed your appeal and headed to your hearing. 
  3. Always continue to see the doctors who you have been seeing for surgeries or pain, and or basic health concerns. Never stop seeing any of the doctors who first determined your issue. 
  4. Keep all work records of issues that may have occured during the point of your first official application. For instance, if you are having major pains that have caused you to take more breaks than usual, or have had you going home more frequently then usual then keep those records. Also keep account of any witnesses to this ongoing issue. 
  5. Always listen to your Attorney on anything they need, or ask of you to do. Attorneys sometimes will drop out of a case if you can't keep up with what needs to be done in order for you to get your disability. Keep in mind you need to also be prepared the hearing so listen to all instructions given. 
  6. If your doctor states that you need any procedures while you are filing do not stop the appoinment or procedure from needing to be done. Anything like this will help your case even more. 
  7. Always keep a chart on anything that occurs even at home. List all of your major difficulties, and the troubles you have with the basic needs of life. 
  8. If your job is causing you to much pain or problems while you are in the appeals process, you may need to end up leaving your position which you want to have documented if this is the case you decide to do this. We are not telling you to quit your job, we are simply stating that if you decide to leave your job due to the conditions of your disability be sure to keep record of the issue. 
  9. Keep a list of anything that you have had to change in your home or use to try and better your life with any disability issues. Such as, stools, bed rails, bathroom tools, and etc, etc. 
  10. As this is not often use but has become more frequent never post on Facebook, or any other social media pictures of anything that may look like you are capable of living without disability. In other words, climbinb a ladder, or lifting a heavy object. Even if this was before your filing claim be careful of what you post or have posted. They do love using anything possible to make a denial claim without any legal representation. 
  11. Before doing anything with a lawyer before even a denial,  a huge plus to start on any claim is to go to your local SSI office in your state/city area. You can find that by going to https://secure.ssa.gov/ICON/main.jsp be sure and also make an appointment. During the time of that appointment have everything listed above ready for them. They will ask you a lot of questions, including asking even your spouse or family members of your condition. So be ready for this. 
  12. Having a lawyer (make sure they are experienced 5+years) will highly increase your chance to get the disability you deserve. However a typical lawyer will not take on a case until you have been denied 2-3 times from the SSA or (DDS) on your filed claim. 
  13. Medical information that you have you want to typically from the time of first filing keep records as far back as 24 months. However we recommend with the condition of any person with dwarfism to keep all files and make copies for the SSI office to review. Huge increased chance of approval. (Keep all original documents as you know how they look from the start) It has been seen where "changes" have been made by in office SSI workers during the time of investigation. 
  14. When filling out the application be extremely detailed on the entire thing. Don't leave any areas blank. If you can fill in areas do it. Include witnesses, all doctors, family, all phone numbers, incidents of occurences on all grounds. Don't leave anything out. Again if they have a question that they feel they need to ask they 99% of the time will place that as a denial on conditions if they can't get in touch with you by phone or mail. If they send you anything extra to file, file it as soon as possible. Don't wait ever! Always check your mailbox for anything they may have sent. Update your doctors on a regular basis. 
  15. Never stop seeing your doctor at all during the time of filing, honestly never stop seeing your doctor always keep regular appointments or other procedures they may have with you. This is another area they love watching closely even though they don't tell you this they will. 
  16. There is an area on the applicaiton which asks if you'd like to write any further information down. Use this to your advantage and include anything possible you can. The application itself seems to be very vague, yet may look like it is asking for everything but typically if you can fill in this area you can save them from having any questions. Also, include your next 3-6 months in doctors appointments or surgeries you may be having. Include what type, and what they have made as a condition before and after the surgery. In other words, if you are due to have surgery or PT or any other treatment and the doctor states you are to be on "bed rest", "no heavy lifiting ban", or anything of that nature write it down. 
  17. There is a question as to "Why did you stop working and when did you stop?". Don't be afraid to answer this. Your condition if stated for issues was the reason and is a good enough answer. State any conditions your doctor gave as to also why you can't work. 

Note: If you are filing at any point and you filed as a child before, for instance if you filed a claim on your child at the age of 5, this would be the first time he/she was filed for disability. If this is the case you want to be sure and find that record and file that with your lawyer. The reason being is that anyone from the time they filed the first time and were not receiving benefits are entitled to those benefits. Meaning if the child later becomes an adult and files a claim again and is denied, then again and is denied you can use that information from the very first time it was filed to receive backpay benefits. Now this isn't typical of going that far back but in rare cases has and the amount back is tremendous, which this is also based on the child that later became old enough for work tried and eventually no longer could and they had that first claim record. According the the SSA-DBC will only go back 12 months regarding retroactive benefits.

 

What happens if you win and have an attorney?

 

  1.  First your lawyer is going to have a contract made out for you with their firm on the conditions. Typically this will include; what happens if they win/lose, the percentage of their fee, including at the time of first representation a non-disclosure on the case. 
  2. After you win of course the lawyer will then speak with the SSA about how the money of benefits will be handled. This will include gettting your bank information so they can make the deposit (not always used). [This process can take from 1-2 months before you will see any pay.Typically this is the occurence]
  3. Once the approved pay is set the lawyer will then do two things, (a) they will first deposit the check into their system, if they chose not to request your bank information (b) the lawyer will then (again if they didn't request your information) write you a check in the amount after the percentage takes. 

Benefits Layout:

 

Once you receive your benefits approval you will have a few things that will be charged of course at you for the time of your disability and the amount of backpay. 

 

  • If they owed you "$85,000", you would not see close to that amount
  • You will be charged of course on your SSI fee
  • You will be chraged your Federal Tax Fee
  • You will be charged your "most common" 33% attorney fee
  • You will not see any monies right away depending on when you filed and your attorney and the SSA will go over that with you if you win. If the amount is in fact what you win, you may be looking at a return close to $45,000. This is not stating any accuracy at all just a rough estimate. 

Now if you are in the waiting period of your backpay from SSI you can refer to the Disability Tips on how to gain access even sooner rather than later. Not all results will have an outcome of quicker service or guarantee to get approved right away. 

 

THINK SMART

 

The reason you want to stay away from the companies below is because you are already paying back, back-taxes, and your lawyer fees. 

 

Stay away from:

 

  • J&G Wentworth
  • Lending Tree
  • http://www.greemantoomey.com
  • Pay Day Loans - of any kind in your local city
  • Pawn Shops Loans
  • Cash Advance
  • LoanNow
  • Direct Pay (www.directpaydayloansonline.com)
  • Cash Direct Express
  • Need Help Paying Bills (www.needhelppayingbills.com)
  • Oasis Financial (www.oasisfinancial.com)
  • www.growingfamilybenefits.com
  • CheckIntoCash (www.checkintocash.com)
  • Cash Now (www.cashnow.com)
  • Same Day (www.samedaypayday.com
  • Flex Loans (www.af247.com)
  • Peach Tree (www.peachtreefinancial.com)
  • Amscot (www.amscot.com)
  • CashNetUSA (www.cashnetusa.com)
  • http://ssicashadvance.com/loans-for-people-on-ssi/
  • www.unitedlenedingservices.com
  • www.sapling.com

All the items listed above are a potential threat against the maximum you can get for your benefit back pay. It is highly recommended that you don't take on an outside party to gain your money even more quickly. 

 

Why?

 

  • Percentage already being taken out for lawyers fee
  • Taxed by SSA on backpay
  • It would only add yet another fee to your already monies owed. These fees come with a high interest rate of percentage and you don't want that Do you? Do you really want to have to pay even more with fees?

 

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