Tuesday, July 21, 2009

How to Win Your Disability case?

The most important point to remember when applying for disability is that you have to prove that your injuries or medical conditions meet the definition and guidelines established by the Social Security Administration. The best way to do that is through sufficient medical documentation.

Does anyone out there have any war stories regarding applying for disability? Please share.

2 comments:

  1. I have found that there is a decision tree built into the online application. The significant branch is this:
    If the condition of the applicant can lead to immanent, possible, or immediate death, the application is "fast tracked" by the SSDI intake person and the applicant will often becontacted within 24 hours if they put in good contact information.

    Applicants should have medical records that support this condition; otherwise the application will be rejected and the process will have to restarted, moving things back at least 120 days.

    The most compelling exhibit are visual. For example, ultra sounds or CT scans showing blood clots such as saddle embolisms will immediately prove to medical examiners that the applicant's condition is very serious.

    Written medical records should back this up but the applicant and/or his/her attorney or advocate should make sure that these cisual records are included in the records presented.

    I am a CDFA so I am not giving legal advice. I have seen these SSDI cases as powerful evidence of the need for expanded spousal support, health insurance and other financial scenarios that allow the attorney, working with a CDFA, to make the settlement equitable.

    Questions: In a divorce action, will the Court see spousal support and health insurance (COBRA) as a more desirable alternative than the SSDI? The issue is whether the Court prefers the private option over the limited public support that "boxes in" the SSDI applicant to a limited financial conditon going forward?

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  2. William Juch CDFA tmAugust 6, 2009 at 6:14 AM

    A followup question:
    Will SSDI be available to the client in a divorce action in addition to meaningful spousal support, or will this financial arrangement disqualify the client from SSDI?

    I apologize for the typos in my comments above! Mea culpa!

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