9 WAYS TO HELP YOUR DISABILITY CLAIM

Gordon & Pont • July 10, 2019

IMPORTANT SUGGESTIONS FOR ANYONE SEEKING SSD / SSI

Social Security Disability Claim Form — Southfield, MI — Gordon & Pont PC
9 ways you can help your claim

1. See a doctor regularly
The best thing you can do for your case is keep your medical records consistent and up to date. When Social Security (or an Administrative Law Judge) review your claim these records are what they give the most weight in their decision, so see your doctor often and keep them informed on your conditions.

2. Comply with your doctor's orders
It is important that you comply with the treatments that your doctors prescribe for your conditions. If you refuse to take medications or follow other prescribed methods of recovery, Social Security is likely to think that your actions are keeping your conditions from improving. By following all of your doctor's orders, you show Social Security that you are doing everything in your power to help your condition improve.

3. Make sure that we get your medical records
As previously said, a solid medical history is the best thing for your Social Security case. Medical records are what make up this history, and therefore it is extremely important that you inform us of when there are new records to collect. It is also important for us to know when you are going to the doctor, as we may have forms or questionnaires for your doctor to complete regarding your case.

4. Refrain from drug and alcohol abuse
Social Security no longer pays benefits if drugs are alcohol are a contributing factor to a disability. If your medical records show drug or alcohol abuse, your case will be denied by Social Security. If you have used drugs or alcohol in the past, it is important that the fact that you have stopped is noted in your medical records.

5. 5. Be detailed on your applications and paperwork
On Social Security paperwork it is extremely important that you describe, in detail, how your disability affects your day to day activities. For example, you would not want to fill out a report by saying "I watch TV all day," because Social Security will say "If you can sit and watch TV for 8 hours a day, you can sit and answer phones at a job for 8 hours a day." Rather, you would want to explain how long you can sit in one place before having to readjust, stand up or lay down.

6. Keep in contact with us and the Social Security Administration
Everyday Social Security denies applications for benefits because they are not able to find the applicant. If you move or change your phone number, it is important that you give the new information to Social Security. In the same regard, it is important that we know how to get a hold of you, as we may have forms you need to complete or update information on your claim. We expect to contact you every 60 to 90 days to obtain an update on your medical treatment.

7. Comply with Social Security's requests
Through the decision process, Social Security makes many requests of applicants. It is important that you fill out any paperwork and go to any exams that they request you to go to. If you do not, you may be denied benefits for non-compliance.

8. Keep an eye on your earnings
Social Security has very specific qualifications that must be adhered to in order to qualify for benefits, and a monthly earnings limit is one of the most important. When you are applying for Social Security Disability Insurance, this limit is called SGA (Substantial Gainful Activity). For 2017 the limits are as follows: Non-Blind individual $1170, Blind Individual $1,950. If you are applying for Supplemental Security Income benefits the amount differs depending on marital status but is generally far less.

9. Don't give up
Receiving social security benefits is a long and difficult process. We are here to help you in your fight for benefits. Denial rates are high and the majority of cases will not be resolved until an Administrative Law Judge hearing. Keep this in mind and trust that we are doing everything within our power to get you the benefits you deserve.


21700 Northwestern Highway : Suite 1100 : Southfield, MI 48075
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KEY TAKEAWAYS • If it’s complicated applying for Social Security benefits, or if a disability claim has been rejected, you can enlist an attorney for help. • Be sure to identify lawyers with special knowledge and expertise in Social Security claims and know their way around the system. • Make sure the lawyer you choose has a solid reputation, track record, and ethical grounding. • Many of these lawyers will take a retroactive fee based on Social Security benefits received from a successful case—limited to 25% of your past-due benefits up to a maximum of $9,200. Pre-Qualify Yourself Before even looking for a lawyer, know the basics of Social Security. Most cases that may need the help of a lawyer involve disability claims. Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. In other words, if you never paid into Social Security, you’re not going to get anything out. If you have not worked enough or recently enough to “insured” for social security disability benefits, you may still qualify for SSI if you meet both the medical and non-medical (meaning financial) requirements. If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. What a Lawyer Can and Can’t Do A lawyer can speed up your application or appeal because can help you avoid mistakes and can submit needed documents faster. However, the SSA is woefully understaffed which means everything is taking longer than it should. While a lawyer can’t guarantee that you’ll win, your chances of success improve greatly. Because we are paid only once we win, experienced lawyers are skilled in identifying strong cases. How to Find the Right Lawyer You can find Social Security disability lawyers in a variety of ways. The internet has plenty of lawyer referral sites. Legal aid clinics and referral services operated by state bar associations are also sources for the names of people to interview. Be careful. Just because you find an attorney by searching one of these sources doesn’t guarantee they’ll be good, ethical lawyers. A better way to put together a list of lawyers to interview is probably through word of mouth, in person, or through social media, from people who have had good experiences with a Social Security disability lawyer and by reading reviews from former clients. Red Flags Make sure you speak to and hire a real lawyer and not an “advocate” or the like. Be cautious of “case managers” and insist on speaking with your lawyer. Although disability lawyers are busy, you want to hire one who has a staff of people who will answer any questions you have accurately and promptly. How Much Will It Cost? Cases will cost you nothing upfront. Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits, up to a maximum of $9,200. The attorney will have you sign a document that allows Social Security to pay the law firm directly. If you get nothing, you owe the lawyer nothing. Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most. Setting up a patient portal with our doctor or hospital is an excellent way to avoid that cost. Since it costs you nothing unless and until you win, consider talking to somebody if you file a claim and get turned down initially. The Bottom Line You should get an attorney’s help if you’re having trouble applying for Social Security benefits or if a disability claim has been rejected. Identify lawyers with special knowledge and expertise in Social Security claims and who know their way around the system. Make sure your lawyer has a solid reputation, track record, and ethical grounding.
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