“Hi, my name is X, and I’d like to look into filing for Social Security. My doctor says I am disabled and I can’t work.”
Let me begin by saying that this is actually a very valid reason to apply for disability benefits. At the very least, it’s an excellent point to begin thinking about the process. Now, if it were only that easy.…
If your doctor has stated you’re disabled, feel free to call us. We’ll be happy to talk. But at the end of the day, there is much more work that needs to be done before you file for your initial application. The reason? While your doctor may feel that you are disabled, the Social Security Administration has the final say on the matter. The question of whether or not you are disabled is an ‘issue reserved to the Commissioner’ of the SSA- and it’s one that they take quite seriously.
So what do you do? Your doctor has just said that you can’t work. You’ve been laid off because your doctor won’t release you back to work. And you couldn’t get through a normal work day even if you tried. Ironically, one of the worst things you can do at that moment is to immediately file your application. Why? Because the odds are stacked against you. At a national level, the chances of you getting benefits at the initial level of application are approximately one in three.
Thirty percent. Not bad, right? If I were a betting man, I would go to the track with odds like that.
But I am not a betting man. And even though those are good odds, the odds are still not in your favor. They are actually two to one against you obtaining benefits if you file an initial application on your own.
Many representatives do not take cases at the initial application level. For some attorneys, it is a question of guilt. While it may seem hard to believe that someone won’t help you because they would get paid for doing very little, that’s certainly a reason some representatives don’t take initial claims. Other attorneys and representatives don’t take cases at the initial level because there is a fair amount of work involved. After all, if you take a case after someone has been denied, then the SSA has already done a lot of the heavy lifting in terms of paperwork, requesting records, filling out forms, etc.
At Schad and Schad, we understand something that makes a big difference for our clients: we know how this process works. So we live, every day, by the old adage: every story starts at the beginning. In fact, we prefer to take cases and consult with our clients before they apply. It gives us a much firmer understanding of the merits of the case, and allows us to make the best argument possible when the claim is initially made to the SSA. It is the absolute best time for us to help. Because once you are denied, your chances of obtaining disability without a hearing are very, very slim (approximately 7-10% in most states). As of this writing, the average wait for a hearing in the Kentuckiana area was well over 431 days.
The national average, again, is that one in three applicants will be able to obtain a benefit when they apply. I can’t tell you what our average is (ironically, my attorney has instructed me not to do so), but I can tell you that our average is better than that. We take cases from the beginning, and yes, some of them go quite fast. On some of them, we are paid quite well. But on others, we do not get paid at all. It’s a risk we take, but we feel it is a risk that needs to be taken.
We can’t guarantee you will get benefits, but we sure can do everything possible to see that your case is considered accurately by the Social Security Administration.
So, your doctor has said you’re disabled. What do you do now? You call an attorney. That’s simply the next step. If you call us, fantastic! But if you don’t call us, call someone with experience. Call someone who is willing to listen to what you have to say and sees you as a whole person.