- Medical records represent the most important piece of support for your Social Security claim. When you apply for Social Security disability, there will be an opportunity to state your opinions (i.e. whether you can do certain things, and how doing certain things makes you feel). However, it is important to remember that when you apply for Social Security disability, you are presenting your case to a judge. Thus, you must present him with actual evidence. It is critical that you gather all the relevant medical documents and make them available to the judge. Accordingly, it is important that you have been getting consistent medical treatment. Moreover, it can be helpful to your case if you can include a signed letter of support from your doctor (letter stating why you cannot work). Note that no judge will simply take your word for the statements you make; if he believes you are lying, it will hurt your case. Consequently, it is in your interest to be honest and, whenever possible, back up your statements with evidence.
- While you do not need a lawyer to represent you, having one can be beneficial. A lawyer will be able to organize your medical records and draft a brief that distills all of the relevant information in a way that will show the judge the information he needs to rule in your favor. Moreover, if your case goes to a hearing, the lawyer will be better equipped to present your case and cross-examine the vocational expert (present at most hearings). Often, lawyers who specialize in disability law have argued in front of the same judge dozens of times. This means that the lawyer knows the judge's style and what he needs to hear. In a short hearing, this can be crucial to the success of your case.
- The Social Security system is designed to deny your initial claim. Approximately 60 to 70 percent of initial claims are denied. However, roughly 50 percent of appeals are approved. Thus, it is strongly recommended that you appeal your initial claim if it is denied. This is relatively simple to do (instructions will be provided with your initial denial). However, you must be careful to meet all the required deadlines. Missing a deadline such as when an appeal form must be sent can create problems and delay your claim.
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