National numbers and statistics show approximately 70% of all initial applications for Social Security disability benefits are denied by the Social Security Administration (SSA). This website is dedicated to educating you about the Social Security disability application and appeal process to try and increase your chance of winning your disability claim.
This page is an overly simplified guide to building a winning claim for Social Security Disability (“SSDI”) or Supplemental Security Income (“SSI”) benefits. It details the key things you should do to win your SSDI or SSI claim.
This page is not intended to substitute hiring an attorney to represent you. Nor should your research end here. I will not be going into detail about Social Security’s rules and regulations or case law that applies in your area. Instead, I’ll be providing tips that will assist you in maximizing your chances of winning your disability case.
Disclaimer: Although this website and this page provide tips and suggestions to win a disability claim, the information contained below is not legal advice and should not be taken as such. Each claim is as unique as the claimant making the claim. The tips and suggestions on this site and this page may not be appropriate for your case. Please do not take anything said here as legal advice unless and until you have hired me to represent you in your claim for benefits and I have agreed – in writing – to represent you.
I encourage you to read this page in great detail and to continue reading the remainder of the site to empower and educate yourself with information that may help you win your application or appeal after a denial. The tips apply to SSDI and SSI claims. These tips can be summarized as follows:
- Document your condition with medical records from a doctor;
- Explain all of your disabling conditions and symptoms to your doctor in detail;
- Obtain medical records of your disorders and your resulting impairments and submit them to SSA;
- If Social Security denies your initial application, appeal the denial letter within 60 days;
- Try to remember there are a large number of legitimate claims that are denied benefits at the initial application;
- Do not give up on your claim for benefits;
- If you are denied again, appeal again within 60 days;
- Follow your doctor’s treatment recommendations and take your medicines as they are prescribed to you;
- Keep a detailed notepad or diary of your impairments and keep an organized file of all your disability and medical records;
- Know the facts of your case and be prepared to discuss them with an adjudicator or an Administrative Law Judge;
- Have great patience – the process takes time, even with an attorney;
- Retain an attorney to represent you and to handle your case.
If you’re applying for SSDI or SSI or are appealing a denial, here are some tips that may improve your chances for success in your claim:
Insider Tips to Improve Your Chances of a Successful Social Security Disability Claim
Tip 1: Make Sure Social Security Has All of Your Medical Records
First, you should ensure Social Security has a complete set of your medical records. As I explain to my clients, medical records are the foundation of every disability claim. I often compare building a Social Security Disability claim to building a house. Like a concrete slab is the foundation of a new home, medical records are the foundation of a disability claim. You will likely lose your claim without medical records evidencing your severe impairments.
So, how do you ensure Social Security has all your medical records? First, tell Social Security about all your medical providers when applying for benefits. This list should include, but is not limited to, the following: your doctors, specialists, psychologists, hospitals (including ER and urgent care visits), clinics, chiropractors, health departments, therapists, and counselors. Social Security will use the medical release you signed to obtain records from these medical providers. If you do not identify the provider to the claims handler, Social Security will never request the documents, and the records will never become part of the decision in your claim.
Second, if Social Security does not receive the records from your providers, you must go out and get the documents and submit them yourself. And let’s be clear about what medical records are needed. You do not need to go back decades and decades to when you were born. Generally speaking, the only relevant medical records will be those that relate to your disability, illness, or injury from one year before your disability onset date (the date you became disabled) to the present date.
The records may include “objective” test results, including MRIs, X-rays, blood work, EMGs, EKGs, EEGs, and CT scans. The documents should also include your doctor’s treatment notes, emergency room visits, and hospitalizations (we typically restrict our record requests to “admit and discharge summaries.”)
Tip 2: Impairment Opinions or Residual Functional Capacity Forms From Your Doctors
Another Social Security Disability claim tip is to have your doctors write a letter or fill out a form that documents your residual functional capacity.
If you have a doctor who has indicated they support your disability claim or who has offered to help in any way, you should ask them to put in writing any limitations or restrictions you may have. The doctor may write a “To Whom It May Concern” letter or identify such restrictions in your records. The doctor should not simply recite your diagnoses and conclude, “With all of these medical conditions, Patient X is disabled and should not be working.”
It would be much more beneficial if the doctor identified specific limitations and restrictions you will have due to your medical condition. For example, “Due to back pain, Patient X should avoid twisting, bending, and stooping. Patient X should not lift and carry greater than 5 pounds at a time. And Patient X should not stand and walk for more than 3 hours total in an eight-hour day.” This type of assessment could be one of the most critical pieces of evidence in your claim.
If your doctor does not have the time to dictate a letter, they should consider filling out a Residual Functional Capacity (RFC) form, also called an “Ability to do Work-related Activities (Physical)” form. These forms allow your doctor to identify what they believe your limitations are from your illness or injury.
Such an assessment identifies your impairments in a manner familiar to Social Security claims handlers and judges and can be the critical difference between winning and losing your SSDI or SSI claim. Social Security will ensure they have some from their “independent” doctors, so you should ensure you have yours to counterbalance those from the doctors hired by Social Security.
Note: Physical RFCs should go to your primary care doctor and specialists seeing you for your physical problems, and Mental RFCs should go to your mental health providers, such as a psychiatrist, psychologist, or counselor (if you have a psychiatric impairment).
You can obtain forms from the Social Security Administration or download forms from our website:
If you retain me to represent you, I will provide you with the appropriate RFC for your specific condition(s). My firm has tailored RFCs for specific disabling conditions, including:
- Bladder Problem Residual Functional Capacity Questionnaire
- Interstitial Cystitis Residual Functional Capacity Questionnaire
- Lupus (SLE) Residual Functional Capacity Questionnaire
- Chronic Fatigue Syndrome Residual Functional Capacity Questionnaire (Short and Long Versions)
- Spinal Nerve Root Compression
- Lumbar Spine Residual Functional Capacity Questionnaire
- Fibromyalgia Residual Functional Capacity Questionnaire
- Arthritis Residual Functional Capacity Questionnaire
- Cervical Spine Residual Functional Capacity Questionnaire
- Meniere’s Disease Residual Functional Capacity Questionnaire
- Vision Impairment Residual Functional Capacity Questionnaire
- Pulmonary Residual Functional Capacity Questionnaire
- Sleep Disorders Residual Functional Capacity Questionnaire
- Cardiac Residual Functional Capacity Questionnaire
- Crohn’s & Colitis Residual Functional Capacity Questionnaire
- Hepatitis C Residual Functional Capacity Questionnaire
- Skin Disorders Residual Functional Capacity and Listings Questionnaire
- Diabetes Mellitus Residual Functional Capacity Questionnaire
- Obesity Residual Functional Capacity Questionnaire
- Seizures Residual Functional Capacity Questionnaire
- Headaches Residual Functional Capacity Questionnaire
- Stroke Residual Functional Capacity Questionnaire
- Multiple Sclerosis Residual Functional Capacity Questionnaire
- Myasthenia Gravis Residual Functional Capacity Questionnaire
- Parkinson’s Disease Residual Functional Capacity Questionnaire
- Peripheral Neuropathy Residual Functional Capacity Questionnaire
- Postpolio Sequelae Residual Functional Capacity Questionnaire
- Reflex Sympathetic Dystrophy (RSD)/Complex Regional Pain Syndrome (CRPS), Type 1 Residual Functional Capacity Questionnaire
- Medical Source Statement of Ability to Do Work-Related Activities (Mental)
- Mental Residual Functional Capacity Assessment (SSA-4734-F4-Sup)
- Medical Opinion Re: Ability to Do Work-Related Activities (Mental)
- Mental Residual Functional Capacity Questionnaire (without Onset Question)
Tip 3: Submit Any Medical Evidence You Have At The Initial Application
The next tip to maximize your chance of winning disability is to submit any medical records you possess. For example, if you have x-ray reports, MRIs, CT scans, EKG reports, etc., you should submit these to the Social Security representative handling your application. You do not have to go out and gather your medical records. Social Security is supposed to do that. However, you may as well submit copies of any documents you do have in your possession.
Tip 4: Identify All of Your Medical Conditions In Your Application
You should identify all the medical conditions you have when applying for Social Security disability, even conditions you believe are relatively minor. This is important because Social Security will look at all of your conditions in combination to determine your overall limitations or level of impairment.
For example, even if your neck or back is your biggest medical problem, you may have other medical conditions that further limit you. Many people with significant pain problems are depressed due to the amount of pain they are in all the time. The pain may also be so distracting that it limits attention and concentration.
Each of these other conditions (depression, memory, and concentration) by themselves might not be that limiting. However, when combined with neck or back problems, it may add up to total disability. Some conditions commonly left out by disability applicants include obesity, high blood pressure, asthma, depression, anxiety, diabetes, migraine headaches, and sleep difficulties.
Tip 5: Keep Your Attorney Up to Date
If you have hired an attorney to represent you in your claim, you should stay in touch with them and check in on your case every couple of months. Some lawyers handle large caseloads, and your constant contact with your attorney will ensure that your case is up to date. You don’t need to call every day or even every week. As your representative should have explained, Social Security disability cases can take a long time – up to two years in Florida – and, therefore, an update every couple of months or so should ensure your case is current and up to date. You should call Social Security with the same frequency if you do not have a lawyer.
Tip 6: You May Need To Obtain Your Medical Records
If your lawyer or the Social Security Administration is having trouble obtaining medical information from your doctors, you should take it upon yourself to get the required medical information. Doctors’ offices and their medical records departments are very busy. Providing records or filling out forms often takes a back seat to treating patients. That being said, when a doctor’s patient asks the doctor for a copy of the patient’s medical records, the doctor’s office will usually provide them pretty quickly. However, many doctors will want to conduct a complete examination before they fill out an RFC form for you.
Tip 7: Appeal A Denial Letter Immediately
One of the best tips for helping with Social Security Disability is to appeal a denial immediately. This is important because there are set time limits for appeals. If you do not appeal in time, you may have to start the whole process over, and this could cost you both time and past-due benefits (money!).
Request a Free Case Review with a Social Security Disability Attorney
If you need help with an initial application for SSDI or SSI, or if you need help with the appeal of a denial letter, the Ortiz Law Firm can help. Our law firm is located in Pensacola, Florida, and represents clients throughout Florida and nationwide. Nick Ortiz has successfully helped hundreds of clients receive Social Security Disability benefits. He has extensive experience in SSI and SSDI claims and has a proven success record. If you want Ortiz Law Firm to help you get the disability benefits you deserve, call us at (888) 321-8131.
