Matthew T. Berry Social Security Law Blog on Lawyers.com

Many individuals who need help from national disability benefits programs operate under misconceptions that can have an adverse affect on the results of their claims. The following are a few of the most common myths that can keep you from collecting the benefits you deserve.

All initial SSD and SSI Disability applications are denied

The Social Security Administration (SSA) reports that initial claims are currently being denied at a rate of 60 percent.  There is a number of contributing factors behind this rate, however. While the all-time rate of claims takes a toll on claim denials, most denials are the result of poorly prepared applications. The SSA requires a high level of documentation that proves that each applicant qualifies for SSD and SSI disability benefits. The average applicant does not realize the level of detail required and would greatly benefit by retaining a disability attorney to help prepare the application.

A note from my doctor provides ample proof of my condition

In general, a simple note from your doctor does not provide proof of a medical condition. The SSA needs detailed medical statements showing both the current condition of the applicant and medical history. On the other hand, a well-prepared and detailed note from a doctor is often more highly regarded in the event that the appeals process goes all the way to federal court, which is no longer bound by SSA requirements.

If my SSI claim is denied, I will automatically be denied for SSD benefits as well

In fact, the two programs are designed to provide benefits to individuals in very different situations. Both programs review claims using the same definitions for disability. But, where SSI is intended for disabled individuals with limited resources and income who need help paying for the basics of life, SSD benefits are for individuals with a previous history of paying into Social Security who can no longer earn a living wage. In other words, if you do not have a work history, but you have limited resources, you may qualify for SSI. Individuals with more resources and a work history may qualify for SSD.

To appeal a denied claim, I must start over and re-apply

Actually, re-applying for benefits can do nothing other than delay your claim. There is a specific appeals process available if your initial claim has been denied. First, you can simply amend your initial claim to include the needed detail and documentation needed to prove your claim so it can be submitted for reconsideration.

If this process does not get the results you need, two additional options allow you to appeal, first before an Administrative Law judge, and then before an Appeals Council, both operating according to SSA rules.  Finally, you can take your case to federal court, where SSA rules are no longer binding. For the best possible results, put your appeal in the hands of qualified disability lawyers in Georgia.

A disability attorney can help

An attorney with specialized skills in disability law can often interpret the detailed SSA definitions for disability to help clients determine if they qualify and the documentation that is needed to prove their cases when applying for SSD or SSI disability benefits. Berry & Associates provides skilled support throughout the application and appeals process for disability claims. We offer a wide range of services and keep you informed, helping you make sound decisions along the way.

Berry & Associates
2751 Buford Highway NE, Suite 400,
Atlanta, GA 30324
(866) 986-9015