You've worked hard your whole life, but now a disabling condition makes it impossible to hold a job. You're counting on Social Security disability benefits to keep a roof over your head and food on the table, but you've heard how hard it is to get approved. What's an honest, hardworking citizen to do?
Experienced Social Security disability lawyer Phillip M. Hendry has helped hundreds of deserving people win the benefits they need to survive. Our legal team knows what works and what doesn't work when applying for benefits through the SSDI system. Here are some insider secrets that can help you avoid errors and maximize your approval chances.
How to Prove You're Really Disabled
The Social Security Administration (SSA) has a strict definition of disability. To qualify for SSDI, you must prove that:
- You have a severe medical condition that has lasted or is expected to last at least 12 months or result in death
- Your condition prevents you from performing any substantial gainful activity (SGA)
- You're unable to do your past work or adjust to other work
Providing thorough medical evidence is key. This includes diagnostic test results, treatment records, and detailed statements from your doctors about your limitations. Be sure to:
- See specialists for your conditions, not just a family doctor
- Follow all treatment recommendations to show you're doing everything possible to improve
- Keep a symptom diary to document how your condition affects you day-to-day
If You Don't Meet a Listed Impairment
The SSA maintains a Listing of Impairments that automatically qualify as disabling if you meet the criteria. However, even if you don't have a listed condition, you can still get approved if you prove your limitations are equivalent to a listing.
For example, you might have a combination of conditions like diabetes, neuropathy, and depression that together prevent you from working, even though none are disabling on their own. The key is showing how your limitations add up to an inability to sustain employment.
Why Many Initial SSDI Applications Are Denied
Unfortunately, the SSA denies around 65 to 70 percent of initial SSDI applications. Common reasons include:
- Insufficient medical evidence
- Prior denials
- Income above the SGA limit
- Failure to follow treatment
- Incomplete paperwork
- Missed deadlines
Many initial denials are for technical reasons that can be addressed during an appeal. The biggest mistake you can make is giving up after one denial. You have the right to appeal—and you should.
How to Avoid Preventable Delays
The SSDI process is notoriously slow, with initial applications taking 3 to 6 months on average, sometimes longer. To avoid unnecessary delays:
- Submit all required paperwork as early as possible
- Double-check that forms are completed accurately
- Promptly respond to all SSA requests for additional information
- Attend all consultative exams scheduled by the SSA
- Consider a Congressional inquiry if your case gets stuck
Working with an experienced SSDI attorney from the start can help you avoid common mistakes and increase your chances of approval.
Improving Your Chances of Winning on Appeal
If your initial application is denied, you can file a Request for Reconsideration with the SSA to review your case again. If you’re still not approved, you may request a hearing before an Administrative Law Judge (ALJ). To increase your odds of a favorable decision:
- Request a hearing as soon as possible to get on the docket
- Gather additional supporting evidence while waiting for your court date
- Prepare to clearly explain to the judge how your condition limits your ability to work
- Consider getting representation from an experienced Social Security disability lawyer
Hearings are your best chance of winning benefits, as roughly 50 percent of claims get approved at this stage, but this estimation depends on the State where the claim is pending and the assigned administrative law judge. However, the hearing process is highly complex. An SSDI lawyer can help you build the strongest case possible and present it persuasively to the judge.
How an Experienced Lawyer Can Help
The SSDI process can feel overwhelming, especially when you're already dealing with a disabling condition. Let the caring, experienced team at Phillip Attorney at Law take the burden off your shoulders. We know the ins and outs of winning disability claims in Louisiana and want to maximize your chances of getting approved. We'll help you gather the proper evidence, complete paperwork accurately, meet critical deadlines, and present a compelling case for benefits. With us in your corner, you can focus on your health while we fight for the benefits you deserve.