Our Social Security Disability Lawyers
- You are experiencing a severe physical or mental disability;
- Your daily life activities and ability to work, any job, are impacted and limited from your disability;
- You have been impaired, or will likely be impaired, for at least one full year (12 months);
- You have visited a medical doctor that has noted your physical or mental disability that is precluding you from working.
- The Social Security Administration (SSA) has very specific, strict guidelines governing the definition of "disabled" for the purpose of receiving disability benefits.
- You may be experiencing legitimate "real-world" difficulties in finding or holding gainful employment, but not all of these factors are relevant in the Social Security review board's decision making process.
- Nearly everyone agrees that finding employment, especially in this difficult economy, can be very challenging. Often, we may feel underqualified, overqualified, or simply that no jobs exists in our geographic area or occupational field. Again, while these factors may ultimately be true, they do not matter when determining your eligibility for social security disability.
- All that counts is the "five-step" evaluation process, which every claimant must pass before receiving SSDI. Our Boston disability lawyers are exceptionally well-versed in persuasively presenting the factors that count and have had many successful years as SSDI attorneys.
It is nearly impossible to prove you are medically disabled without an evaluation from a medical doctor. If there are no medical records backing your claim, you will be unsuccessful. The social security review board will assume that if your disability is severe enough to preclude you from working, then there should be plenty of medical documentation regarding doctor's visits, medical tests, treatment, diagnosis, and recommendations.
4. Follow The Treatment Regimen Your Doctor Prescribes, Including Any Physical TherapyThe Social Security Administration will want to ensure that you are trying to get better. Consequently, they will likely deny your claim if they see you are not following doctor's orders or attempting to recover and return to work.
That being said, it is also wise to save any documentation with your doctor or physical therapist's expectations and timetable for recovery, along with progress updates on your ailment.
5. Keep Your Own RecordsBe sure to maintain a journal or other documentation method keeping track of appointment dates attended, prescriptions taken, therapy received and the name and address of every treating doctor and facility you visit. Also keep notes documenting any pain experienced and other medical happenings.
6. Be Forthright And Honest About Your SymptomsThe SSA will undoubtedly examine your medical records and will rely on those as the authoritative source of diagnosis. While the SSA will trust medical doctors and experts to learn about your diagnosis, you have a very important role in frankly and openly discussing the symptoms you are experiencing.
In short, nobody can describe how you feel, versus how you were officially diagnosed, better than you.
Finally, try not to exaggerate your symptoms and certainly do not lie. On the same token, however, do not omit legitimate symptoms, even if they are minor or intermittent.
7. Focus On Your Physical And Mental RestrictionsWhen assessing your social security disability eligibility, the SSA will be focused on what you can and cannot do. Your actual limitations will take center stage, even more so than your official diagnosis.
The SSA wants to ensure that there is no way you can engage in substantial employment. Thus, you should focus on why you can no longer perform even the most basic and least strenuous occupational tasks that you once conducted, in the last 15 years.
8. Note How Your Daily Life Activities Are Negatively Impacted And RestrictedWhile the SSA is certainly focused on your (in)ability to work, they will also be very interested in how your alleged disability restricts your day-to-day activities.
Keep a log or journal of how your disability effects daily activities such as your personal hygiene (bathing, tooth brushing, dressing), eating, housework (cleaning, grocery shopping, driving, picking children up from school), and social life (sports, going to the movies, dining out with friends, spending time outdoors with your family, etc.)
9. Your Credibility Is EVERYTHING: Always Be Truthful, Precise And ConsistentPerhaps the most important attribute to employ when undergoing this process is to maintain a credible perception. You should strive to minimize contradictions, forgetfulness, errors and anything untruthful. If the SSA determines you are not credible, your claim will be doomed.
10. Be Persistent And Remember The Appeals ProcessMany individuals who are rightfully disabled are disappointed to see their application initially denied. It is important to remember that there is an appeals process available.
Work With An Attorney. Call Us.Many times, your claim is not being presented in the right manner or with the right emphasis on what the SSA wants to hear. The Boston disability lawyers at Bellotti Law Group, P.C. have mastered the process and will present your case with the utmost persuasiveness and focus on what counts. Call us today at 617-225-2100 for a free consultation. We have offices in Boston, Cambridge, and Quincy and serve all of Massachusetts and Rhode Island. You can also contact our Boston social security disability attorneys using our secure contact form.