IS IT HARDER TO GET DISABILITY BENEFITS NOW?

 For about the last 3 years, Social Security has issued new regulations which are definitely aimed at making it more difficult to get disability benefits.  We'll focus on just 3 of those rules:

1.  Social Security no longer gives special weight to a claimant's treating doctor.  Prior to March 27, 2017, the opinions of your doctor were given preference over those of others, such as one of the agency's consultative doctors.  After that date, however, your doctor's opinion gets no special consideration.  In fact, Social Security's guidelines for evaluating medical evidence gives the advantage of their own consultative doctors, not yours.  This makes it more difficult to win a claim.

2.  Social Security no longer considers illiteracy in making decisions on disability claims.  Under the old grid rules, the inability to read and write English was considered, among other factors, in deciding if a claimant were disabled.  It is no longer considered in most cases.

 3.   Social Security now requires an extra step before a claimant can appear before a judge.  As of October, 2019, claimants who are denied in Alabama cannot appeal directly to an administrative law judge and ask for a hearing.  An extra step called "Reconsideration" must be filed first.  This "Reconsideration" adds 60 to 90 days more waiting time and rarely results in any action favorable to the claimant.  A recent study shows that 55 percent of claims denied at Reconsideration will win before a judge.  Thus, "Reconsideration" gets it wrong 55 percent of the time!  Yet, it adds up to 90 days to the already long disability process. In the last 10 years, award rates have fallen by 20 percentage points.

In 2011, an average of 62 percent of claimants won their disability benefits if they used all of their appeals.  In 2018, however, this number had dropped to 42 percent.

Every time Social Security announces a rule change "in order to better serve our clientele and secuure the integrity of the system," you can bet that the new rules does one thing:  makes it harder to get disability benefits--and take even longer.  I'm convinced that someone in Baltimore is sitting around all day thinking, "How I can reduce the number of new Social Security disability benefits?"

How can you fight Social Security's ever tightening rules and win?

1.  You need excellent medical documentation from your doctors.

2.   You must know what the current rules are.  Imagine trying to play chess if no one had explained the rules to you?  A nightmare.

3.  Get professional help.  You will be going up against seasoned professionals at Social Security. These experts have attended thousands of hearings and they know exactly what to expect. Your appeal hearing will be attended by these professionals:

• a vocational expert paid by Social Security (every hearing)
• an Administrative Law Judge who works for Social Security
• a medical expert (doctor) called by and paid by Social Security (often, not every case).

I advise you:  Do not go before these people unrepresented. It is asking for denial.  In fact, it's begging for it.  Get knowledgeable representation.  Ask for a "contingency fee agreement," so you don't pay any attorney's fee unless you win.  This arrangement is win/win for you.

 

Does every claimant who goes unrepresented lose?

 

No.  Statistics from Social Security state that slightly fewer than  3 out of 10 unrepresented claimants still win.

 

However, about 6 out of  10 claims represented by an advocate/attorney will win.  That's twice the number!  

 

So, in effect, you get to choose your own odds!