Sooner is Better!

Many times clients wait until they have been denied one or two times before contacting us.  At Drummond Disability we prefer to get the claims as early as possible to avoid difficulties later.  It all comes down to the fact that it’s easier to prevent mistakes from happening than to fix them after they occur.

As an example, frequently a client will try to obtain a letter from their doctor that they think will assist in their disability claim.  Unfortunately, all too often, physicians are not familiar with the Social Security regulations and will choose words or make statements that in fact damage a claim.

At Drummond Disability we like to manage the medical evidence and usually obtain all the medical records.  If reports are needed from physicians, we like to get them ourselves since we have specific forms that match the Social Security regulations.

If you need some help in your disability claim don’t be afraid to give us a call.  Consultations are FREE and there’s no obligation.  Remember, at Drummond Disability our guarantee is that if we can’t win your claim it’s it’s free!

Mental Illness, Social Security Disability and the Need for a “Highly Supportive” Living Environment

In addition to physical impairments, many Social Security Disability applications center on significant psychiatric issues. Some of these issues are pretty straightforward and others are not quite so evident.

Often it is difficult to get a real clear picture of exactly how disabled a person is from a mental health viewpoint. Probably the most overlooked portion of the “Listing of Impairments” as utilized by the Social Security Administration is the segment which focuses on people whose impairments are such that they simply cannot live by themselves. The most common scenario is a situation where a minor child or disabled adult lives with relatives who supervise their decision-making, provide support and companionship and often even supply more basic needs such as food and clothing.

The difficulty that usually presents itself in situations such as this is documenting the condition!  Obviously  mental health professionals who often see the disabled person in an office environment do not have the luxury of observing them at home or visually witnessing their inability to function on a daily basis. 

It is extremely important that individuals who provide support for the disabled person also make sure that their mental health professionals are aware of the situation so it can be noted in their medical records. Additionally,  documentation should be provided by the supporting individual to show the ongoing need for daily support of the disabled person to the adjudicator or at a hearing in front of an Administrative Law Judge. This can include testimony or documentation from people or agencies who supply assistance that would normally not be needed by an independently functioning person.

Simply diagnosing a mental disorder without concurrently producing evidence as to its impact on daily living does a great disservice to the claimant.  At Drummond Disability, we encourage our mentally challenged clients to have their relatives or support people contact us regularly and supply additional evidence to fully document the extent of their disability..

If you have questions or would like a FREE full evaluation of your disability claim do not hesitate to contact us by dialing 1-800-842-0426 or visit our website at www.Drummonddisability.com.

Winning a Social Security Disability Appeal

A Drummond Disability we would like to win all of our cases however, that obviously is not possible. When we receive a decision from an Administrative Law Judge denying a claim our normal procedure is to immediately contact our client and talk to them about the reasons for the judge’s denial.

The first step is to determine whether it would be in the best interest of the claimant to appeal the decision or to simply file a new claim . Under the current rules  you cannot do both!  The decision about whether to appeal or file a new claim is based upon many factors including the evidence presented at the hearing, the claimant’s date last insured, whether the claimant would be eligible for disability or supplemental security income in the future  and many other factors.

A Drummond Disability if we appeal the claim we take extra time to make sure we include a precise statement of the issues to be raised on appeal and to attach a copy of all necessary exhibits . The statutory form currently utilized by the Social Security Administration to perfect an appeal to the Appeals Council from a denial of benefits by an Administrative Law Judge does not have room enough on it to adequately set forth the details necessary to win an appeal in most claims.

The first appeal  from an adverse decision by the Administrative Law Judge is to the “Appeals Council”.  In the event the Appeals Council sustains the decision of the Administrative Law Judge’s denial of benefits a decision has to be made whether or not a further appeal should be made to the Federal District Court.  If our clients are poor we  file documents in the appropriate claims to have the fees waived for the appeal.  Additionally, after a successful appeal we usually file a petition for fees with the Federal District Court under the” Equal Access to Justice” act which usually results in some attorneys fees for the appeal being paid by the federal government and not the client.  There is no charge for an appeal that we don’t win!

Further questions concerning this or any other issue can be addressed by simply contacting Drummond Disability at 1-800-842-0426.

Why Doesn’t Social Security Understand I Can’t Work?

Many people who contact us for help with their disability claim don’t understand why they are having such a hard time getting approved. At Drummond Disability, we are repeatedly asked why the “Government” doesn’t understand why the claimant can’t work. The Government and the Social Security Administration system is not set up to make it easy to get disability. It is set up to make it difficult.

In addition to being disabled, Social Security requires that the claimant has been or will be disabled for a continuous period of twelve months before they would have a valid claim. Additionally, as with any system, not everybody who works for the Government is knowledgeable about medical terminology, conditions, or diseases nor are they all sympathetic to claimants. The entire Social Security Disability system is organized around the premise that a disabled individual “prove” their claim. This usually entails developing medical evidence and setting it forth in a constructive manner so as to meet the legal requirements for disability in each particular situation.

At Drummond Disability, we try to make it easy for the person deciding the disability claim to rule in favor of our clients.

For a FREE Consultation or Evaluation of your disability claim, do not hesitate to contact our office at our toll free number, 1-800-842-0426.

The Drummond Disability Guarantee: “If we can’t win, it’s FREE.”

Why Does it Take So Long to Get Disability?

The majority of the people we see in our consultations will ask why the disability process can take so long. The fact is that there is a backlog of pending disability claims with the Social Security Administration. Many, if not most, of the Social Security Administration Offices are severely backlogged. Additionally, there is a three-step process involved in a disability claim in most jurisdictions which is as follows:

1. Initial Application (if denied)
2. Request for Reconsideration (if denied)
3.Request for Hearing before an Administrative Law Judge

Unfortunately, the majority of disability claims are not approved either on the initial application or during the reconsideration phase and the claim has to be processed with a formal hearing in front of a Federal Administrative Law Judge. This process, in many instances, can take well over a year and usually up to two years. This amount of time is extremely stressful on claimants and can often leave them in severe financial distress. Fortunately, there may be ways, on certain select cases, to expedite the process and receive a favorable determination at a much earlier date. At Drummond Disability, we judge these cases on a case-by-case basis. This procedure for expediting appropriate claims based upon “dire need” sometimes allows us to get an early decision by careful review of the evidence and presentation to the hearing office with a request for a favorable determination being made “on the record” without waiting for a formal hearing.

For a FREE Consultation or Evaluation of your disability claim, do not hesitate to contact our office at our toll free number, 1-800-842-0426.

The Drummond Disability Guarantee: “If we can’t win, it’s FREE.”

Why Do Other People Get Approved For Disability So Easily?

Almost all of our clients tell us they know somebody else who, they feel, has successfully gotten their disability benefits “easily.” They often feel that these same people aren’t nearly as disabled as themselves. When our clients or potential clients ask us this question we obviously don’t have a quick answer. There is no “magic button” to push to get disability.

The fact remains that time must be spent developing evidence to successfully represent clients. We don’t waste effort trying to figure out what someone else has done!

The staff at Drummond Disability stresses to our clients that their job is to go to treat with their doctors for their disabilities and leave the law to us. We review each individual claim multiple times throughout the disability process and encourage frequent contact in order to process the claim and develop it into one that is the best it can be.

Successfully representing a client in their disability claim involves putting in the necessary work to get the job done and this is something we take seriously at Drummond Disability. We do our best to set the evidence forth in a clear and convincing manner so the claims will be approved.

For a FREE Consultation or Evaluation of your disability claim, do not hesitate to contact our office at our toll free number, 1-800-842-0426.

The Drummond Disability Guarantee: “If we can’t win, it’s FREE.”

What Did the Administrative Law Judge Deny My Claim?

People often have a difficult time understanding why an Administrative Law Judge denied their claim after the hearing. The short answer is there are usually multiple reasons why a claim is denied.

One needs only to look at the website, www.disabilityjudges.com, to review the Social Security database giving up-to-date information about the various Administrative Law Judges who hear cases in any specific ODAR Office. This website details each Administrative Law Judge’s approval rates, which can vary greatly. It is not at all unusual to have some Judges in a specific ODAR Office who deny 80% of their claims, while at the same time, have other Judges who allow 60% or 70% or more of their claims.

The most common reason a claim is denied is because the medical evidence was not properly prepared and presented in the most convincing fashion or the evidence in the file was not set forth with sufficient clarity.

Once there has been a hearing scheduled in front of an Administrative Law Judge, one of the first things we, at Drummond Disability, do is review the statistics on the particular Judge. Since we have literally tried thousands of claims, we have a familiarity of many of the Judges and their personal “quirks” and try to adapt by putting each individual claim in a format which will result in a favorable determination by that particular Judge.

The attorneys and staff at Drummond Disability are fully aware of the frustrations and sufferings of our clients who end up being denied benefits and we do everything possible to try to ensure a claim will be a successful one! Consultations and Evaluations are FREE! Call toll free, 1-800-842-0426.

The Drummond Disability Guarantee: “If we can’t win, it’s FREE.”

Why Was My Disability Claim Denied?

Claims can be denied for a multitude of reasons; unfortunately, there is no short or quick answer to this question. Claims are complex and deal with a variety of issues including the extent and type of disability, the duration of disability, the quality of the documentation in the file and many other issues. Additional issues include a “date last insured” in Social Security Disability (SSD) and income levels (above the allowed amount) in Supplemental Security Income (SSI) claims.

For a personal evaluation of your disability claim, just give us a call at Drummond Disability, 1-800-842-0426. We have been representing clients with their Social Security Disability and Supplemental Security Income claims for over 36 years.

The Drummond Disability Guarantee: “If we can’t win, it’s FREE.”