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Frequently Asked Questions
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How do I qualify for Social Security Disability Insurance?
How can I improve my chances?
What should I do when I've been denied?
Do I really need a lawyer?
Should I try to work even though I'm disabled?
How do I qualify for Social Security Disability Insurance?
Ordinarily, you need to have worked for 5 of the previous 10 years before becoming disabled. "Disabled" means being unable to perform any gainful employment for 12 consecutive months because of medical or psychological impairment.
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How can I improve my chances?
The most important factor for Social Security Disability is the amount of treatment you receive. So you should be sure you make it into the doctor's office at least once a month. If you cannot afford treatment, you should look into neighborhood health clinics and county hospitals. And make sure you are treated for all your ailments: depression, joint pain, back pain, skin disorders, allergies, etc. Everything. SSA gives little weight to reports from social workers and chiropractors, so try to see Ph.d psychologists and MDs.
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What should I do when I've been denied?
Most importantly: appeal, don't apply again. (Sometimes it makes sense to apply again as well as appeal after you have been denied by the ALJ, so check with a lawyer). Go into the local SSA office with a diary of your recent treatment and tell the claims representative you want to appeal your denial. Complete the paperwork there, and have the CR give you a copy stamped "received". SSA routinely loses paperwork, so always get a receipt.
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Do I really need a lawyer?
Often claimants can apply on their own. But once you go before an Administrative Law Judge, you should have a lawyer with you. The lawyer will cross-examine the experts called by the judge, as well as make sure the ALJ has all the medical records and understands them.
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Should I try to work even though I'm disabled?
Once SSA has determined that you are disabled, you can try to work briefly and it should not be held against you. But once your case comes up for review, the judge still might do just that. So consult with your lawyer. And whatever happens, you should not work until SSA determines you are disabled, or else your application will be denied.
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