Securing Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can be an overwhelming experience for clients, especially those already grappling with severe health conditions.
As Social Security Disability practitioners, our role is to provide a clear and supportive pathway to maximize our clients’ chances of winning their cases.
An article by attorney Justin Bahrie was recently published in the State Bar of Michigan Social Security Newsletter. To read the original article, click here.
This blog post summarizes key strategies and practice tips for attorneys to effectively guide clients through the disability benefits process, starting with the initial consultation.
The Initial Consultation: Setting the Foundation
The initial consultation is a pivotal step in building a strong case. This meeting is not just about collecting information but also about establishing trust and laying out a clear plan for success. Many clients are unfamiliar with the disability process or have not fully understood its intricacies, even if they’ve been through it before. Therefore, it’s essential to explain the law and its application to their specific situation right from the start.
Timing: Assessing Case Readiness
Clients may approach us at various stages of their disability claims. Ideally, involvement from the earliest stage allows us to set a solid foundation for the case. We need to evaluate whether an application or appeal is in the client’s best interest or if other preliminary steps are necessary. This assessment involves fast-forwarding to a hypothetical hearing before an Administrative Law Judge (ALJ) and considering if the case is strong enough to win. If not, we must decide whether additional time is required to gather necessary documentation or if a new strategy is needed.
Evaluating Age and Work History
Understanding a client’s age and work history is crucial in determining the viability of their case. For clients under 50 who have never tried a sedentary job, or those under 55 who haven’t attempted light work, it might be beneficial to explore these options before pursuing disability claims. Encouraging clients to seek lighter duty jobs or work with vocational rehabilitation services can strengthen their case by demonstrating good faith work attempts.
Medical Substantiation: The Backbone of the Case
A solid disability claim hinges on robust medical evidence. During the initial consultation, it is important to distinguish between symptoms and diagnoses. Clients often need guidance in articulating their symptoms specifically, which can then be translated into medical terms that substantiate their claims. Providing clients with a “To Do list” of medical tasks, such as obtaining an MRI or consulting a specialist, ensures they follow through with necessary medical evaluations and treatments.
Addressing Red Flags: Transparency is Key
Addressing potential red flags early on, such as substance abuse or non-compliance with medical treatments, is critical. Honest discussions about past or present issues with drugs or alcohol and ensuring clients adhere to prescribed treatments can prevent these factors from undermining their case. It is also vital to encourage clients to make lifestyle changes that do not exacerbate their conditions, like quitting smoking or losing weight if medically advised.
Conclusion
The journey to obtaining Social Security Disability benefits is challenging but can be navigated successfully with meticulous preparation, strategic planning, and empathetic client communication. By following these practice tips, attorneys can significantly enhance their clients’ chances of securing the benefits they deserve, providing much-needed support during a difficult time in their lives.