2 FORMS THAT OFTEN GET DISABILITY CASES DENIED

We could write a book about things that get disability claims denied.  One of the biggest problems is failing to complete and return all the forms that are actually part of the application.  Two of these forms, often neglected, are the WORK HISTORY REPORT and the FUNCTION REPORT.

Now, honestly, these forms are a real pain to fill out.  The Function Report has 14 pages and is one of the most detailed forms I've ever seen.  It will ask about all your personal activities from cooking to driving to spending time on the computer.  While it's tempting to either skip the Function Report, or fill it out half-heartedly, that will be a mistake.  Unless you are prepared to complete all the forms with painstaking accuracy and detail, it's best not to file a Social Security disability application.

 The other form is the Work History Report.  The review board at Social Security will analyze your past work to see (a) at which exertion level was each job performed, and (b) at what skill level each job was performed.  The Function Report asks a lot of detail about each of your past jobs (and they look back 15 years).  Don't skip over that troublesome section at the bottom of each page that asks how much you stood, walked, sat, crouched, crawled, crawled, lifted, carried, reached, handled small objects, etc.  A vocational expert at Social Security will use your detailed description of each past job to determine whether you can still perform any of those jobs.  It may be possible to get an early Step 4 approval if they decide you cannot perform past relevant work.  However, if you fail to give adequate details about your function at each past job, it may be impossible to approve the claim, so it will be denied.

Sometimes, it's best to get someone to help fill out these forms.  Get your spouse, son, daughter, or someone who knows you well to help.  Sit down at the kitchen table and "team up" on the forms.  You'll need a good cup of coffee, plenty of breaks, and patience.  

So, what if you fill all the forms out properly and still get denied?  It happens a lot.  Now, you need to file for "Reconsideration," and ask Social Security to review the denial.  But don't get your hopes up, because there's a 90 percent chance they will deny you a second time.

Now what?  You file an appeal* and ask for a hearing before an administrative law judge (ALJ).  At this hearing, you and your attorney will sit down with a judge and review the claim.  Your attorney will explain why the past denials were wrong, and try to guide the judge toward approving and paying the claim.  There is a pretty good chance this can happen if you have good representation and well prepared appeal.

SUMMARY:  Fill out the forms as completely and accurately as you know how.  Hope for an early approval. If you get denied, ask for Reconsideration.  If denied again (very likely), ask for a hearing before a judge.  Take your lawyer and put on a good argument at the hearing.  This is where most cases get paid.  

Somewhere in here, I hope you hear me saying, "BE PERSISTENT AND NEVER GIVE UP.  It's not the early bird that gets the worm, it's the bird that just never gives up!