Frequently Asked Questions

 

15.       How does Social Security determine if I am disabled?

Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience.  In general, Social Security is supposed to decide whether you are able to do your past work.  If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health problems and your age, education, and work experience.

 

16.       Who decides if I am disabled?

After an individual files a Social Security disability claim, the case is sent to a disability examiner at the Disability Determination agency in your state.  This individual, working with a doctor, makes the initial decision on the claim.  In Michigan, if the claim is denied and the individual requests a hearing, the case is sent to an Administrative Law Judge who works for Social Security.  The Administrative Law Judge makes an independent decision upon the claim.  This is the only level at which the claimant and the decision maker get to see each other.  This is also the level at which you have the best shot at winning your case.  Consequently, you want to give it your best and you should be represented by an Attorney to make sure your case is properly presented to the Judge.

17.       Why does Social Security consider my age in determining whether I am disabled?

Social Security has to consider age, because that is what the Social Security Act requires.  As people get older, they become less adaptable, less able to switch to different jobs to cope with health problems.   A severe foot injury which might cause a 30- year- old to switch to a job in which he or she can sit down most of the time, might disable a 60- year- old person who could not make the adjustment to a different type of work.

18.       Is there a list of illnesses that Social Security considers disabling?

There is a list of impairments. SEE IMPAIRMENT LISTINGS on the navigation bar at the top of the page. 

Claimants who meet a specified listing will be found disabled.  Claims that are not of listing level, must be judged against several other factors.

19.       What can I do to improve my chances of winning my Social Security disability claim?

First, although some cases are won without Attorneys, your best shot is to contact an Attorney as soon as possible.  Be honest and complete in giving information to Social Security about what is disabling you.  Many claimants, for instance, fail to mention their psychiatric problems to Social Security because they are embarrassed about them.  In almost all cases, individuals who were slow learners in school fail to mention this fact to Social Security, even though it can have a good deal to do with whether or not the Social Security Disability claim is approved.  Beyond being honest and complete with Social Security, the most important thing that you can do is just keep appealing and hire an experienced person to represent you.  It is important to appeal because most claims are denied at the initial level, but are approved at higher levels of review.  It is important to hire an experienced person to represent you because you do not understand the way Social Security works. Statistically, claimants who employ an Attorney to represent them are much more likely to win than those who go unrepresented.

 

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