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DISABILITY APPLICATION PROCESS

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A forum to discuss the Disability Application Process and learn from member's experiences in the US and internationally.

Members: 29
Latest Activity: Apr 15

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OVERVIEW OF APPLICATION PROCESS

Filing for disability insurance isn't necessarily a "crisis" in itself. But job loss for many people is. Thus you may need to apply for help at a time when you are otherwise in the middle of a mess. You might find yourself dealing with a lot of distractions while you're trying to get financial help for your day-to-day expenses.

The disability process is different from country to country. In the US, it is also different for private disability insurance (which you have paid for, or which was provided through an employer) versus for Social Security Disability Insurance (SSDI). The central "contract" is the same. In return for having paid in a monthly insurance premium, an insurance company or government agency will partially replace your income for some identified period of time, after a medical condition makes it impossible for you to work.

For both public and private insurance, there is a waiting period after you have been forced to stop working, before you can apply for disability compensation (for SSDI it is five months). To qualify for disability under SSDI, you'll need to go through an evaluation called "Residual Functional Capacity" or RFC, and demonstrate a level of disability which will keep you from working for at least a year. There is also a maximum amount of money that you are allowed to earn from occasional or part time employment, without a decrease in your SSDI benefit. Disability payments and allowances for other outside income are generally not high. But everything helps.

In the US, it is important to know that the SSDI application process may involve as many as three stages which might require a year or more to get through. To start, you need to go to your nearest Social Security Administration office for pamphlets which describe what you do and what documents you need at each of these stages.

For the first two rounds of the process, you won't need a lawyer and in my opinion you would be well advised not to hire one. What the attorneys don't want you to know is that a Social Security representative can assist you with the paperwork by asking you the questions and then they fill in your answers, either in person or in a phone interview. You don't have to do anything. Then the Social Security personnel send requests to your doctors for your records. You are not involved in that process at all. Additionally, your attorney actually doesn't do anything until a denial is made and you request a hearing and they don't even spend a moment filling out your paperwork - their paralegals do. I was able to be approved on my first application without an attorney and it saved me thousands of dollars.

A lawyer' fee for representing you in the SSDI process can be determined in one of two ways, both of them set by the Social Security Administration, not State law. The nominal fee is 25% of any award that you get of SSDI payments previously denied, up to a maximum of $6,000 dollars. However, the lawyer may also petition the Social Security Administration for some other level of compensation after an award is made.

If you must change disability lawyers in the middle of a case, things can become both complicated and expensive. For background reading see The Social Security Insider. Be aware also, that some lawyers don't support first-time applications because they feel the awards may not be large enough to cover their expenses. In any event, if you and/or a family member can do this process for yourself without a lawyer's help, you might come out better financially.

Your disability application will need to be backed by letters from your doctor (or doctors). These letters must identify your medical diagnosis and describe any past or present treatments that have a bearing on your ability to work. The doctor will also describe your symptoms and reactions to treatment, showing how these symptoms make it impossible for you to take regular employment -- even working from home. Many patients report being required to be interviewed by another doctor who is appointed to evaluate you and confirm that the symptoms and issues in your application actually exist. To be awarded disability, you must demonstrate that you are expected to be unable to work for at least a year. And the doctors who support your application need to be considered mainstream practitioners. The findings of a Chiropractor or Herbalist will have much less credibility than those of an MD, Doctor of Osteopathy or Ph.D. Psychologist.

About a third of all first-time SSDI applications are granted on the first try. Another 10-20% are granted on a reconsideration application. The rates of successful application vary sharply from US State to State. Numbers quoted on the website of "The Ultimate Disability Guide" vary from a high of 52% approval on a first application in Hawaii, to a low of 23% in South Carolina.

If you apply for SSDI and are denied, and then you apply for reconsideration and are again denied, there is a second level of review before an Administrative Law Judge. At this level you should be represented by an attorney. There is yet a third level of review in an Appeals Council. Theoretically, you could go even higher than the Appeals Council in Federal Court, but such legal actions are quite rare.

Be aware that once you have "won" an SSDI case, you also need to be mentally prepared for a periodic review by the Social Security Administration to determine whether you continue to be disabled. If all of this looks like an obstacle course to you, then you have a lot of company among disability applicants.

For additional information and insights, I suggest that you visit the Ultimate Disability Guide, above.

Discussion Forum

Private Long term Disability application

Started by Babs Mar 14. 0 Replies 0 Likes

Hi everyone,Has anyone applied for LTD through a private insurance company ? I have numerous health conditions that are not improving, in fact getting worse as I age ( 59..ugh !). Was allowed short…Continue

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Recently applied and waiting for a response back???

Started by Liz. Last reply by momof31978 Jan 18. 5 Replies 0 Likes

Just wondering if anyone in this group has applied for disability & wanted to share with the group where they are in the disability process??Continue

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You need to be a member of DISABILITY APPLICATION PROCESS to add comments!

Comment by garmstro67 on April 12, 2013 at 2:19pm: Hello to all,

I applied for disability in Feb 2013, I have PsA, I was in a major car accident and have limitations from that. I had to have my ankle fused in Jan. 2010 due to injuries sustained in the accident, then ignored by doctors. I also have Ankylosing Spondylitis. With all that being said, I owned my own business for the past 9 years and was able to manage. Last year, I had a very bad flair along with bouts of depression and anxiety. I stopped working in June, but thought I would be able to return, I could not. I know that much of my anxiety comes from the fact that I can not work and support my family, does anyone else see this connection? I took advice from here and hired Allsup to help with my application. How long have people waited for the original response? I am very lucky that my wife has a good job, but I am really beginning to worry about the finances, I have not had an income for 10 months now, but only applied 9 or 10 weeks ago. I look forward to contributing all I can to this section. PEACE

Comment by Robyn Andrew on April 2, 2013 at 1:39am: I applied and have now been granted disability in Australia. It has been a huge relief. I can work due to disability pain and illness from psa.

Comment by Dee on April 1, 2013 at 8:20pm: I haven't applied for ssdi yet, out of work 2 yrs now, quit on my own, cause of fatigue and pain, could not keep up with my work. Do any of you feel that if you use an atty it gets approved faster or easier and what does it cost to hire an atty??

Comment by Alma on March 12, 2013 at 11:43am: Pamela, so happy for you that you were approved so fast. I applied 2/28/12 and was denied twice (I can be a receptionist according to them). I applied for a hearing with the judge advocate in May 2012 and am still waiting for a hearing date. It just all depends on where you live and who gets your file I think. Also, in Florida they don't even want to talk to you if you are still working at all.

Again, congratulations!

Comment by Robert on February 18, 2013 at 1:32am: I got my approval letter today. I guess it's official.

The letter just tells you your back pay amount, onset date, monthly benefits and dates that they are for/paid. Also, they include a pamphlet for ssdi and when you may have a review.

They have three different review criteria. 12-18 month review means SSDI feels that your condition will improve
3 year evaluations by SSDI suggest there is a probability that your condition will improve
5-7 year reviews by SSDI suggest that your condition will not improve in your lifetime.

I was given a 3 year review time frame. I guess they could come with new meds. and fix me, that would be nice!

I also found out that they automatically increase your monthly benifits via "cost of living" expenses every year. I was fortunate to have an increase twice already due to my back pay dates being the end of 2011 and end of 2012. I was wondering how that worked.

Anyway, my back pay was for the 20 months. That included the 6 months from my application date and 14 months of retroactive benifits, minus the 5 month waiting period. Then, I will get my first payment (for Feb.) in march.

Moderator Comment by Liz on February 14, 2013 at 5:05pm: Having been denied my initial application. I sent in my appeal, while trying to find a lawyer to take my case. But it seemed as if no lawyer wanted to accept me because I can not apply for SSDI as I have been a stay at home mom. I can only apply for SSI. I saw on Bens Friends that they connected with Social Security Law Group. I contacted them & they had accepted my case. I was starting to feel as if I had no help in this matter. Thanks to Bens Friends I now have help with in my battle with Social Security. I now feel so less stressed. Thanks Bens Friends. If any one here is interested I have put the link for you to contact them yourself.

www.sslg.com

Comment by Robert on February 14, 2013 at 12:54pm: I was looking over my notes trying to calculate my monthly ssdi (I haven't recieved a letter yet). It looks like it took closer to 6months from the time I filed online to be approved and have the back pay deposited in my account. I also am assuming it includes the first month but, not sure.

I think I was approved fast (applied on-line, no lawyer) because I was diagnosed so long ago, have been on enbrel 13 years, already changed my career path from heavyily physical work to moderately physical work and, waited a year after I was unemployed to file.

Now, still waiting for the actual letter to come in the mail. I'll update when I get it and post what it says. The suspense is killing me!

Comment by Robert on February 9, 2013 at 10:53pm: I was away for a couple days and when I checked my bank I noticed I had a credit from ssa. I must have been approved!!!!!!!!! I got my back pay. I haven't received a letter yet or a monthly payment just the back pay. I guess I'll update when I get a letter in the mail.

Tax time just got even better:(

Comment by Robert on January 23, 2013 at 7:11pm: I applied about seven months ago online. A couple weeks later I got a call from a woman asking questions about when I was first unable to work and my employment history. She was nice and actually changed the dates for me so I would get more time credited for back pay. I waited more than a year after I was unemployed to file.

About a month after that I got some papers for medical release and some questionaire thing. Then at about the 6mo mark I was told I need to see one of there doctors.

When they say "there doctor" I can only assume they mean a doctor that gives them a discount and an unbiased opinion. The doctor I went to was, I think, a chiropractor or something. Before he even said hello, he said "I have no control over you getting approved for dissability and I have no idea how they decide." I must have just blankly stared at him because then all he did was stare at me?!

After that he said "give me a minute to look over your paperwork." Which I immediately felt like I was 18 again sitting down with a public defender about to get thrown away for life without parole for stealing that kids car speakers!

I just moved off the paper bed and found a more comfortable spot in the chair untill he finished. He asked me what meds I was taking and called them "pretty serious meds" then was pretty amazed at how swollen my hands and feet were. I know this because he said "that's pretty amazing."

As quickly as he reviewed my paprwork is as quickly as it ended. He picked up his papers and said "well, I'll do my part." He opened the door and started walking out. He must have noticed my confusion because he turned and said "you can go now." I kinda looked at him and said oh. o.k.

I guess the visit went good. I don't know what else he could have done. He flat out told me he will "do his part" I guess at the moment I was sitting on the paper bed, shoes and socks on the floor...I don't know...a kiss, some money, something! So, I got dressed and left.

Now, I too, am just waiting. I think I will be approved. But, who knows?

I'll update this if I hear anything else.

Comment by Tammy Whitaker on January 22, 2013 at 7:26am: I too just applied and waiting.

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Fatigue, eating etc..new to this!

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