Disability Benefits Insider

Two-thirds of applications for Social Security disability are initially denied.  But over half of those denied claimants will ultimately be awarded benefits after appealing. 

If you are serious about pursuing disability benefits, those percentages mean that your application must be completed in a fashion that will not hurt your claim when it is appealed.  Here are two common mistakes to avoid:

1. Many claimants explain on the Disability Report that accompanies the application only why they cannot do their current job.  Instead they should be explaining why they cannot work at any job their education and work experience qualifies them for.  E.g., “I need to lie down every few hours because of back pain” applies to all jobs.  “My back pain prevents me lifting the heavier boxes” does not.

2. Many claimants understate the duties and exertional and non-exertional requirements of prior jobs.  If you give one description of a previous job on the Work History Report and then describe it as more difficult at your hearing, you will either need to provide a satisfactory explanation for the error or develop evidence from coworkers or a supervisor supporting your new description.

Social Security attorneys have different case acceptance policies.  A small percentage will not accept your case until after your Request for Reconsideration has been denied.  A perhaps equally small percentage will accept your case before you have filed your application.  The majority prefer to take you on after your application has been denied.

Which course is best for you?  You will definitely need representation if you intend to seriously pursue disability benefits, for the odds are high that you will need to attend a hearing before benefits are granted.  No claimant should attend a hearing unrepresented; the law is too complex and the stakes are too high.

So when should you contact a Social Security attorney?  If it was my disability benefits at stake, I would speak to a knowledgeable Social Security lawyer before I filed my application. 

Why?  It is easy to make mistakes early on that will haunt your case for its duration.  One visit or call to an experienced Social Security lawyer can help you avoid the most common missteps.  Many Social Security attorneys are willing advise you on filling out your application and dealing with the onslaught of forms that the Social Security Administration will send you after your filing. 

And many of these Social Security attorneys won’t charge you for their advice.  They will initially counsel you for free at the application stage because they figure you will retain them if your application is denied, as two-thirds are.

Unfortunately, back injuries underlie many claims for Social Security disability benefits.  If your spine disorder limits your movement, causes you severe pain, or both, you may be eligible for disability benefits.

To determine eligibility, the Social Security Administration will first examine whether your back problem meets its Listing of Impairments 1.04A.  You will meet that Listing if you have: (1) a disorder of the spine (2) resulting in compromise of a nerve root (3) with evidence of nerve root compression, (4) characterized by pain, limitation of motion, motor loss, and if the lower back is involved, a positive straight-leg raising test result.

 If your back problem is not severe enough to meet Listing 1.04A, the Social Security Administration will assess what it calls your residual functional capacity, or ability to work.  It will categorize your ability to work into either heavy, medium, light, or sedentary. 

 The Social Security Administration will then combine its work rating with your age, education, and work experience before making its decision on whether you are eligible for disability benefits.

 The most detailed information available on disability benefits for back injuries is found in Can I Get Social Security Disability Benefits for Back Pain and Spine Immobility, a multi-page, illustrated article written by Dr. David Morton.  He has made more than 50,000 disability determinations for the Social Security Administration.

Ask a Social Security lawyer what is the number one problem that Social Security disability claimants have at their hearings and you will nearly always hear, “Their nervousness.”

Because the technique works so well in minimizing nervousness, before the hearing your disability attorney is likely to spend time explaining to you what will happen at the hearing.  You will probably receive a description of the hearing room, the judge, and the judge’s assistant who will run the recorder.

Your disability lawyer will also outline the areas of inquiry: your education and training, work experience and work skills, medical condition, treatment history, physical abilities, mental abilities, and daily activities.

You will probably also hear from your disability attorney that the goal is relevant, honest testimony that neither exaggerates nor minimizes your impairments.  The best claimant testimony is filled with anecdotes, details, and examples of limitations.  Good testimony provides facts about strengths as well as weaknesses in a straightforward manner.

If you think you might have difficulty describing these items in detail, you should first think about how your impairment has changed your life.  Completing a Social Security disability activities questionnaire can be helpful in fleshing out that change.