You sound like a knowledegable person, but, I know for a fact that Mike has helped many people get approval on claims for social security disability. Mike tells you where to get the forms and exactly what to say AND WHAT NOT TO SAY on the application and almost everyone he has worked with got approval on the first try. The man knows what he is doing (he has LOTS of experience) and if I were applying I would seek him out immediately. He knows what it takes to get SSDI so don't contact him if your trying to "beat" the system. If your genuinely disabled then provide him with the info if you want to be approved. Mike will tell you up front if he can't help you through the system. Just contact him - you got nothing to lose. That's Mike F. at *contact DanP via PM for details* He lives in the Eastern Time Zone so consider that when you call. Also, the best time to reach him is between 10PM & Midnight EST.

I am not at all implying that he is anything but what you say he is.

What is the "Listed Impairment" they are being approved for? There are about 10 I think. I ask because having this symptom and that symptom is usually not going to be approved at initial filing. Only 25-30% of Initial Filings are voiced favorably after reviewing the individual's ability to work, where "Listed Impairments" has some pretty strict guidelines that can allow for the first, and the lowest, review to approve. One is usually pretty clearly disabled with no need of examination to support a claim. Many are also older and close to SS benefits. That initial review by a case worker has to substantiate why he gave approval as his/her job is to deny you and less than half of people file further when denied. They are there to pretty much weed out the cases that have no chance.

From what you have said I would agree to speak with someone knowledgeable as most lawyers plan on an Initial Filing denial and fill the forms out like crap. Mine surely did. But once you have been denied and have to apply for an ALJ hearing, while your friend might well be quite helpful, there is no question at all that you need formal, and legal, representation just as a matter of protocol. What you are not telling people, and I think they deserve to know, is what does your friend say to do if they are denied on initial filing? I hope he is giving them the names of a few lawyers and offering his own off-the-record assistance along the way. He is probably far more helpful than the lawyer, but they still need representation and there is no cost if they are declined benefits at a hearing.

My lawyer was a complete boob. I don't want to label them all as such, but the guys I saw waiting for hearings didn't look like Madison Avenue material. That is where, and possibly like your friend, a person who worked once in the Illinois state system (SSA subcontracted out to the state to do the initial reviews at the time I filed) as well as a husband and wife NOSSCR team (where the wife was retired from the SSA and had taught ALJs the SSA Code) were tremendously useful to me. My filing was reviewed by both and later used as a model by the team as how to go about obtaining benefits with a similar condition. But my condition was far too complicated to be approved at the Initial filing. The problem I have is quite rare and varies greatly. As I keep saying, so readers will understand, there is a strict code and it is a legal matter. I have an issue with my eyes. My lawyer pulled that related letter out and when I asked what he did that for he said an optometrist wasn't allowed to comment and it would aggravate the ALJ. I pointed out to him that the law had changed two years prior to allow it to be included. That's what I mean when I say you need to do this yourself, or with help, as there is so little money in it for the lawyers that they are not necessarily all that competent nor do they spend that many hours with you. $6000 and 40 hours work means $150 an hour IF you win your case. Ergo, don't expect more than 20 hours and 5 of those will be prepping and going to the hearing.

NOTE: One's lawyer can really ****-off your physician so INSIST on seeing any correspondence going to your doctor and you can just tell the lawyer that the doctor said he had no time for this so he would appreciate a concise request that you review first. You can tell the lawyer if any correspondence goes directly to the doctor you will find another representative. They work for YOU! My lawyer, without my knowledge, wrote to an ENT I had seen, where my balance testing was a variant of normal, and said that if he would say he believes I suffer from Multiple Sclerosis, I might be approved right away. An ENT cannot voice on MS!!!! My doctor was ******-off at me also that such a letter wasted his time and insulted him. So be careful that a lawyer looking to get you approved on a Listed Impairment does not take liberties that he shouldn't. Yes, I know this sounds a bit confusing to some, but if you are truly disabled you have a part-time job and it's making sure things are done properly AND that your doctor does not drop you as a patient due to a lawyer.

I was asked about three questions by the ALJ and told that he didn't want me waiting for a letter and told me he was approving me as my file was perfectly crafted for him to see what my condition was and what it caused. I had added supplements to it the night before the hearing at the SSA office as my lawyer refused to add additional information, telling me it was to late. It is never too late. You can also call them the day before and ask for a 2 month extension as you are procuring more evidence. It's no sweat off the ALJ's nose as he hears so many cases.

Had I relied on my lawyer I believe I would have been denied benefits. Yet he did know what the ALJ I drew was going to ask me and did brief me on every question that could be asked and I asked how to answer other questions. One must be "credible" in their entire case. It a word they use in the writing again and again.

If I had to do it again I would go with a NOSSCR individual. IMO, they want the job and study for it.

Mike - I guess this 'back & forth' could go on forever but I will end my part of it by saying that Mike F worked for several years with SSDI. The end.

Dan, *edit* I hope you will follow-up with what these individuals are being approved for as a Listed Impairment, or other. The primary help on my case came from a just retired SSA woman who was teaching the SSA Code to Administrative Law Judges. My understanding is that you are ONLY approved at Initial Filing by one of those, or a clear Residual Functional Capacity filing that is unfortunately quite bad.

I have helped many people to get started in the process over the years. And I have ALWAYS recommended legal representation. Even at the Initial stage it makes your claim look more legitimate as told to me by the woman who helped me.

What I have written is sage advice. That you have stated help can be expensive is, as I have explained, in the scope of things quite misleading. Paying up to about 4-5 months of benefits, and nothing if you are not awarded benefits, is not a reason to seek out any other "free" advice alone. The reason to talk to your friend is to ask if his legal representation is competent, if he is all you claim he is.

*edit*If your friend knows how to do that properly that's great. But a letter from a legal representative kindly requesting it be filled out in detail would be helpful. My primary doctor at the time filled the form out in under 3 minutes, effectively not helping me at all at the time. Had that all been handled properly at the start I might not have waited 2 years for a ALJ Hearing. Only you and/or a lawyer can send the doctor a practice copy of that form first and ask that he take the time to truly help them after speak to the doctor. No one behind the scenes can do such.

My understanding is that only about 25% are approved on Initial filing, of which some are approved at a ALJ Hearing later, because their doctors have not taken the time to fill out a RFC form in detail, thereby not giving the case worker any reason to approve benefits on.

To those applying, if your doctor does not FULLY support your claim for benefits there are a few options:

1- he is right and despite your ailments you are not functionally disabled

2- he is incorrect

3- he has long ago tired of paperwork and wishes to practice medicine and is not going to be your advocate to the degree necessary. In that case, you need another physician. But many feel the same way as more paperwork has entered their practice. One neurologist I saw had with the mailed paperwork, and on a red sheet of paper in bold letters, that his office does not see patients with any workman's comp issues, disability issues, or legal issues. That is what insurers have done to the doctors out there, and by design.


Let me state this one final time. Unless you are truly disabled, working is much better for your well-being. It is a curse to be disabled. You WILL lead a different life and with less money. If you can at all delay going on disability, I would urge it in the strongest of terms.

If one is denied at Initial filing and must go to an Administrative Law Judge for a hearing, the odds are good that he will ask a Vocational Rehab person to look over your case and ask questions.



After a ALJ Hearing the judge writes his "DECISION" and in legal form, and he goes down a checklist of items. All are required, as per the SSA Code, to be addressed when making his DECISION and about 1 in 60 are usually pulled for his own review, so it is in his own interest to write them thoroughly. My own DECISION used the word "CREDIBLE" with regards to issues and "GENERALLY CREDIBLE", which must have been in areas which he was not sure as I have a NORD ailment. Fewer than 250,000 people in America are subject to my ailment.

This thread, I'm told, is prominently displayed to help people with the SDDI process.
The best way to lose your case is to have the ALJ have an inkling that you are fraudulent in your symptoms, and especially ones missing from your medical documentation. The reason why, IMO, I have been told to seek legal representation from the start is because they are sworn to a code of ethics. If one thinks they can get something past an ALJ who hears 600+ cases a year you are mistaken. At the hearing he has every right to delay your hearing to request more information to check into something you concocted just to try to add to your claim. DON'T DO IT!

If you wish to be treated with respect and have your case decided on its merits, do not insult the ALJ by presuming he will not find something you added as an extra touch. Again, this is why lawyers and NOSSCR individuals know the nuances of each judge and it pays to use them where they receive compensation ONLY is you are awarded benefits.

After the paperwork is filed properly this is a legal matter. I would urge any claimant to not fabricate anything for as that old saying goes, "A Liar Must Have a Good Memory". Only in this case, he must also have documentation to back up his lie.

1- Fill out the forms properly
2- Have your doctors state your malady and the limitations it places on you and not that he feels you are disabled or unemployable as it has no standing before the Commission
3- Be truthful in your replies.

NOTE: If you are waiting for a hearing and more medical testing is performed or your condition worsens, you can add to your file at any time.

If you truly cannot work 8 hours a day, 5 days a week, and 12 months a year, you should prevail in your claim.

If anyone is suggesting you make something up or act something out, my suggestion is to immediately terminate that representation. You have the right to do that and if asked why you can state as such.

If you have any questions feel free to PM me and if it adds to what has already been posted we can put it up in the thread. At this point, I do not wish to make this thread so long that advice is more difficult to locate.

There are also many blogs that offer good advice. When you see the same advice repeated through different blogs it is usually because it is very correct as to how to file your claim.

Mike