We’ll Help You Get Social Security Disability

What Is The Application Process?

Make no mistake, the Application and qualifying process of Social Security benefits is quite daunting. Nearly all Americans have no clue about how to navigate this byzantine maze. For reference, Webster’s dictionary defines byzantine as: Excessively complicated, and typically involving a great deal of administrative detail.

That word perfectly summarizes the Social Security disability and qualifying process.

Most Americans use someone they know as their yardstick. Over the 25+ years, our clients repeatedly tell us: “I don’t understand……..My [neighbor/friend/relative] is on Social Security and he/she is not nearly as disabled as me.”

This is because they don’t understand the variations and nuances of this process. The government uses a lot of fancy terms that they define such as substantial gainful activity, medically determinable impairment, meet or equal a Listing, and the byzantine process goes on.

In short, you have the burden of proving that you have a qualifying medical condition or diagnosis whose symptoms and limitations keep you from performing not only your past jobs, but unskilled jobs as well. When they deny your claim, they make a finding that you can do on a Full Time Basis [8 hrs day, 5 days a week, with a ½ hour lunch break and two 10 minute breaks] the most insulting, minimum wage, high-turnover, dead-end, go nowhere jobs. To give this a little bit more color, here is an excerpt from an actual ALJ decision:

• Kitchen Helper – DOT code 318.687 – 010, Medium, unskilled, 302,000 of these jobs in the national economy.
• Machine Feeder – DOT code 699.686 – 010, Medium, unskilled, 29,000 jobs.
• Ticket Taker – DOT code 344.667 – 010, light work, unskilled, 31,000 of these jobs in the national economy
• Cafeteria Attendant – DOT code 311.677 – 010 light work, unskilled, 60,000 jobs
• Mail Clerk – DOT code 209.687 – 026, light, unskilled, 90,000 jobs

Look them up in the DOT (Directory of Occupational Titles)! Type in these serial numbers, and you’ll see the physical and mental demands of these jobs. What you won’t see is the pay, or benefits, but you’ll get the idea.

We want you to think about having worked your entire life since you were a minor, paid into FICA for 20 – 30 years, getting fired from your job because you can’t perform it anymore, living at home (if you’re lucky) with your spouse and family and not being able to contribute. Then imagine going through this process with the US government who is supposedly here to help, and being told on an official government form that you can be a Ticket Taker!

EXPERIENCE MATTERS

While searching for a Social Security Lawyer Rob called SSLG just as the US was getting out of the Pandemic. His story was as unfortunate as it was compelling. In 2018, he had filed a previous Social Security Disability claim unrepresented. As expected, the Disability Determination Services (DDS) denied his claim both Initially and on Reconsideration. Regrettably, he attended the ALJ hearing on his own, and the ALJ denied the case.

He called us in August 2021 almost a year after the expiration of his Date Last Insured (DLI).  Like most American’s he had no idea what Date Last Insured means. When he told us what happened after his ALJ hearing, we were outraged. He wanted to file a new Application, but this time he wanted representation. We immediately filed a new, Initial Application, and specifically included language protecting the record and motioned for a re-opening of the prior claim. As usual, the SSA Field Office (FO), and the Disability Determination Services (DDS) ignored our motion, and denied the claim as the Date Last Insured had expired.

What follows is a prime example of the difference between experienced Attorneys who know what they’re doing, those who dabble in SSDI law, and non-attorney “advocates”.

Check the Court Hearing documentation

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