1. Respond immediately to any request for information--and fill out any forms sent you completely, accurately and fully.
2. Send any medical records you have to Social Security as soon as you apply.
3. Keep seeing our doctors regularly and follow their advice. Continue to take your medications.
4. If you have an orthopedic or musculoskeletal problem (back pain, joint pain, leg pain), try to get X-rays or an MRI to visualize the problem. Get these reports to Social Security.
5. Ask your doctor to complete a Residual Functional Capacity form for you. This is also called a Medical Source Statement. The form is available from disability lawyers or representatives. You may also find one online; however, I don't think many of the generic forms found online are adequate. My office has refined our form over the years to cover all the bases. (We will send you a free copy on request).
6. Attend any consultative examinations set up for you by Social Security. In about one case out of 4, they will schedule an appointment with one of their contracted doctors. Arrive 15 minutes early and take your medications with you.
7. Call the state agency handling your application (Disability Determination Service) about every 2 weeks to be sure they have been able to get all your medical records from your treatment providers (doctors, hospitals, clinics). If not, call the provider directly and ask them to send in their records.
8. It will typically take 90 to 120 days for the Disability Determination Service in your state to give you a decision on whether you are approved or denied. (Up to 70% are denied). If you get a denial letter, you should file a written appeal within 60 days. This deadline is very strict. After 60 days, you lose the right to appeal. Most claims are won in the appeal process, not in the application stage.
9. Continue seeing your doctor and follow medical treatment during the long appear process, which can last 2 years or longer before you finally get a hearing.
10. Consider whether you need an attorney or disability advocate to help you with your appeal and hearing. The hearing is a legal process which applies complex Social Security laws, rules and regulations to your case to determine whether you qualify for a benefit under the law. Your representative may only charge you a fee if your case is successful and you receive past due benefits. You cannot be charged a retainer, an upfront deposit or fee, and you cannot be charged any fees or expenses if you do not receive back pay from Social Security. Attorneys call this a "contingency fee" agreement: pay us only if we are successful. The fees are regulated by Social Security. It is an accepted truth that claimants with experienced, qualified representatives are more likely to win and more likely to get their past due benefits (back pay).
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THE FORSYTHE FIRM
SOCIAL SECURITY DISABILITY COUNSELORS
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
"ACROSS FROM BRIDGE STREET" WEBSITE: SOCIAL SECURITY JUSTICE
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