The Social Security Disability Income (SSDI) program is the largest
involuntary insurance policy in the world. As soon as you are old enough to
start working, FICA taxes are taken out of your paycheck, to provide
benefits to you upon reaching retirement age, or if you become disabled.
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If
you have filed an initial application for disability
benefits with the Social Security Administration along with
medical records and other supporting documentation, and
received an unfavorable written decision, the next step is
the reconsideration level.
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Truth be told, through experience in representing clients
before the Social Security Administration in disability
appeals, we have learned how to successfully leverage
certain aspects of the disability benefits hearing to a
client's advantage.
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While
there are many different aspects involved in investigating a
long-term disability claimant or individual disability
insured, one of the most valuable tools at the disposal of
disability insurance companies is the personal contact
interview.
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What
if the all too common scenario happens - you submit
sufficient medical documentation to support your disability
claim, testify credibly at the Social Security disability
hearing, and are entitled to prevail under the law. But the
ALJ, for whatever reason denies you SSDI or SSI benefits?
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Whether
applying for Social Security disability benefits initially
or appealing a case at the hearing level, your greatest
chances at successfully being granted SSDI or SSI benefits
relies heavily upon proper medical documentation.
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Your
disability lawyer should be reviewing all possible questions
with you, as well as the theory of your case, and, what many
of them neglect to do, forward a summary letter to the
hearing office in advance of your appearance, along with
your medical evidence.
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After
your impairments have been substantiated, age, education,
work experience and residual functional capacity ("RFC") are
the final elements considered by the SSA Administrative Law
Judge in determining your eligibility for Social Security
Disability Income benefits.
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Oftentimes
it is not wise to solely rely upon your regular attending
physician ("treating source"), but to also utilize outside
experts early on during case development on a disability
claim, or when preparing for a Social Security disability
appeal.
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Recently,
in commenting on one of our posts, a reader asked what type
of "red flags" exist that may trigger a field investigation
of a Social Security disability claim.
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