When you file an Application for Social Security Disability or SSI, a local Social Security employee gathers information from you or your attorney to determine whether you meet the income and contribution requirements for benefits. I usually prefer to complete the initial application interview through a telephone conference call between our office, the local Social Security office and the claimant. We will need to provide information to verify your identity, age, quarters/credits of coverage, whether you are working and how much income you are earning, the exact date that your disability began and a brief outline of the medical conditions that your claim is based upon.

The claims examiner at DDS will attempt to gather medical information from all doctors, hospitals and clinics where received treatment. While you might think this would be a fairly simple and rapid process, three problems often arise.

• First, claimants often fail to tell Social Security about all of their relevant medical treatment. At the time of the interview, many people do not remember their entire medical history or don't know the exact dates and types of treatment they received. One of the things that our office focuses upon is making certain that we have a complete record of any medical treatment that may support your claim.
   
• Secondly, some offices and hospitals just do not respond when DDS mails them a request for medical records. The DDS claims examiner will send a second request, but the system's time constraints allow only limited follow-up. Unfortunately, it's very common for DDS to deny Disability and SSI applications simply because they never received the records that prove the claimant's medical condition.
   
• Finally, a claimant's medical condition may change over time or an important medical test may not be performed until after DDS has received the records from the healthcare providers. Thus, it is very important to keep the claims examiner up to date on any changes in your condition or new tests ordered by your doctors.

More medical information may be needed before DDS can decide you claim. If the information is not available from the your current doctors, DDS may ask you to go to a special examination, called a "consultative examination," that is paid for by the Social Security Administration (SSA).

DDS will also usually want detailed written documentation about your lifestyle and activities, including:

3.     Do you have an impairment that meets or equals an
        impairment described in the Listing of Impairments?

Social Security law contains a list of impairments for 14 major body systems. A severe impairments to any of these systems should result in a determination that you are disabled. If the condition is not on the list of impairments, DDS should try to determine if the claimant's medical condition equals the severity of a listed impairment. If so, the person is found disabled. If not, the DDS examiner moves on to the next step

4.    Can You Do The Work You Did Before?

If your condition is severe, but isn't in the Listing of Impairments, DDS will then consider whether you are capable of returning to any of the types of jobs that you had in the last fifteen years.

5.     Can You Do Any Other Type Of Work?

Finally, to determine if a claimant is able to do other work, Disability Determination Services considers the person's medical conditions, age, education, training, work experience and transferable skills. If DDS decides the person cannot do other work, the claim will be approved. If the DDS examiner decides that the person can do other work, the claim will be denied.

Many people are repeatedly denied Disability benefits though they appear to meet the medical and legal requirements. All sorts of factors, including your age, education and work experience, can influence the outcome of your claim.

But all too often, the most important factor is that some people prove their case with convincing evidence, while other people just leave it up to the Social Security Administration to develop and decide their claim for them.

If you are disabled, it is a mistake to depend upon the Social Security Administration to develop and decide your claim. The Social Security system is dramatically understaffed and overburdened. Many claims, even those involving complex medical and legal issues, receive only brief consideration.

It is often not enough to provide the documentation that proves your medical condition. You will also need to explain how your medical circumstances meet the legal standards for disability.

Don't leave your benefits and the funding for your medical treatment up to chance. Get an experienced attorney on your side to help you win your claim.