Disability Articles

Perhaps the most intimidating part of filing a claim for disability benefits is having to appear before an Administrative Law Judge for a hearing.

Dejected your claim was denied, you think "why bother– the judge will just agree with Social Security's decision to deny my claim?" In resignation, you believe it is better to withdraw your claim than appear before a judge. To be sure, these thoughts are valid and understandable.

Have you ever wondered what the "definition" of disability is? I know you have…we all believe we know "who" is disabled and "who" is not. Heck, you can tell just by looking at a person! Doctors are usually certain they know whether their patients meet the "definition" of disabled.

Step 1. You must believe that you have a valid disability case

We've all heard the SSA disability horror stories…but all too often I am surprised by the number of people who wonder whether they have a valid claim and if it is worth their time to file for disability benefits. In my opinion, over 80% of the individuals whose cases I review have a valid claim. If their claim is properly prepared they stand an excellent chance winning their case…regardless of the diagnosis(es).

What is the profile of the average person I am referring to?

The application and appeals process for Social Security Disability Insurance benefits can be so overwhelming and intimidating that roughly half of all applicants give up after they are first denied benefits by the Social Security Administration (SSA). The process can make you feel like you are David fighting Goliath. But if you prepare your case with the right legal and medical documentation, and if you persevere, you can significantly increase your odds of obtaining benefits. Proper preparation of your case is critical, as SSA has made it increasingly more difficult to obtain benefits over the past several years.

In a disability case, almost any symptom or limitation can be disabling; but to determine whether they preclude work, the relevant questions are how frequent are they, how severe are they, and how long do they last?

A critical point I make to people who contact me everyday is that their disability case is won or lost based on symptoms/limitations and not on their diagnosis! Clearly, under federal law, a disability claimant has to have a legitimately diagnosed physical and/or psychological disorder to even allege disability, but this is only the beginning of the analysis.

Sometimes as a disability lawyer, one must be more creative than usual in order to win a client's disability claim. Such a situation presented itself recently in of all places, the city of creativity, Las Vegas, Nevada.

I am blessed with a great disability practice as I have the opportunity to represent very honest, hard working people throughout the United States who are unable to work. I am fond of saying that we represent people who have good cases to begin with…our job is to make them better.

Remember the epic battle between David and Goliath? On paper, David clearly had no chance to win, fortunately his heart and soul did not know it and with determination, persistence and divine intervention he prevailed! Ever wonder what might have happened if he was aware of his predicament? Would he have fought or ran the other way?

Every day at the Social Security Administration (SSA), seemingly epic battles between disability claimants and SSA are fought. The Bounty? Disability benefits.