Two facts that Moore claims the current SSA commissioner, Michael Astrue, understands all too well.

1. A denied SSDI claimant, who files an appeal, can expect to wait 500 days before a decision is made.
2. There is a record breaking backlog of  over 700,000 SSDI cases.

As Moore sees it, despite proposed changes by the administration to improve the way SSA handles claims it is unlikely to improve the backlog problem.

One of the proposed changes, which SSA suggests will decrease the backlog of cases, is that claimants will be required to submit all medical evidence at least 5 days before a hearing. Sounds reasonable, right. Problem is that the backlog has nothing to do with submission of medical records. Instead of dealing with the real source of the backlog–inadequate funding to hire the needed manpower–Congress and SSA play a clever shell game where the public’s attention is misdirected.

There is more to read about Social Security Disability at Tim Moore’s “My Disability Blog.”

If you are someone who has never been denied a long-term disability claim or know someone who has had the unpleasant experience, then you might think that the book is sheer fantasy. Coming from the perspective of having someone close to me who has gone through the LTD grinder this book reads more like a Shakespearean tragedy that leaves you with a heavy heart. Just knowing that people across the U.S. are being denied LTD simply because someone in a nondescript office ‘feels’ that the person filing a disability claim ‘should’ be able to work is both disturbing and unconscionable.

Glass lists 15 common mistakes that LTD claimants make when filing a claim and 7 nasty things that LTD insurance providers plant in contracts to be used later to deny you benefits. The contract provisions mentioned are not required by any state or Federal law. Most employers are unaware of their existence or how they will be used against disabled employees who attempt to file a LTD claim.

The author advises you to get a copy of your disability contract (it must be furnished to you within 30 days of a written request to an employer) to see if any of these provisions are mentioned:

• The insurance company has the “discretion” to determine your benefits.
• You only get paid benefits if you can’t perform “each and every” important duty of your job.
• Your benefits are limited to 24 months if your disability is caused or contributed to in any fashion by mental illness, depression, or anxiety.
• You benefits are not payable, or are limited, if your illness is fibromyalgia, chronic fatigue, chronic pain, or any illness where the symptoms are “self reported” and thus not “verifiable” by a blood test or other diagnostic study.
• Your benefits will be terminated if the insurance company says you could work part time in any job, but don’t.

If you find any of those provisions in your contract seriously consider purchasing your own LTD insurance policy. Tip: don’t go through an employer and if you have your own company do not use any company funds to purchase the policy. If your employer or company becomes involved, in any way, when you acquire a LTD policy, the plan may fall under the ERISA guidelines. This even means if you found an advertisement for a LTD plan stapled to a bulletin board at work.

If your LTD benefits fall under ERISA you should be aware that any money paid to you is taxable income. On the other hand, if the LTD policy falls outside of ERISA’s oversight, then the benefit paid to you will be tax free. That is something to consider when most disability policies provide coverage that ranges from 60%-66% of your income.

It is worth mentioning that 99.9% of all LTD claims that are denied fall under the Federal ERISA guidelines. If your policy does fall under ERISA, then see ONLY an attorney that specializes in ERISA. These attorneys are extremely difficult to find, but do not give up until you do find one.

One thing that Glass dispels is the false belief which most of us have—that what an employer (or Human Resources employee) says means something to the insurance company. However well meaning your employer or HR person is, it means absolutely nothing to the insurance company. Insurance companies do not care if the owner of the company ‘knows’ that you are disabled, much less what someone from HR ‘thinks’. [In Robbery Without a Gun you'll learn that insurance companies care even less about what your doctor has to say about your condition---and the courts support this thinking.]

He also advises you to be cautious when the insurance company provides a ‘free’ consult to help you with your Social Security Disability claim. It only helps the insurance company to move you into a position where they can later deny your claim. Another important point is that some insurance companies will deduct the legal fees for the services they provided you in obtaining your SSDI benefits from future payments.

As mentioned previously, this is not a thick book, although I’d suggest that you read it with a pad and pencil by your side because you will want to take notes. There are a lot of nuggets of knowledge to mine and any one of them you might find priceless.

Social Security stresses that their rules are different from other government agencies. SSDI provides benefits for veterans who are 100% disabled but, does not provide for partial disability. So, if another agency says the Veteran is disabled, Social Security may deny benefits if the disability doesn’t meet their requirements.

You can get more information at Social Security Online.

It is information that the Social Security Administration should make easily accessible through their own web site or through their representatives. Considering that 70% of applicants are denied when they first apply suggests that they have set the bar high and are not going to go out of their way to help you easily obtain the benefits for which you are entitled.

Social Security Online Electronic Booklet site has all of the best information that the Social Security Administration has to offer. It is their official site and the publications are authoritative.

Between the two sites mentioned you should be able to find answers to most of your questions.

Ann Lang is a N.Y. based paralegal who has won SSDI benefits for more than 20 CFS sufferers in the past 15 years. She acknowledges that her job is one of educating people on what CFS is and doesn’t doubt for a minute that it can render a person legally disabled. She makes her point by explaining that multiple sclerosis was once thought to be something in the afflicted person’s mind. That is, until it was proven that the cause stemmed from plaque on the brain.

Winning CFS claims can be arduous and take time. Sometimes it takes up to three years of appeals before winning a CFS claim.

When deciding if a CFS sufferer qualifies for disability benefits, the Social Security Administration requires a minimum of four symptoms that persist for at least 6 months from this list:

1. Impairment of short-term memory or concentration severe enough to cause substantial reduction in previous levels of occupational, educational, social, or personal activities
2. Sore throat
3. Tender cervical or axillary lymph nodes
4. Muscle pain
5. Multi-joint pain without joint swelling or redness
6. Headaches of a new type, pattern or severity
7. Unrefreshing sleep
8. Postexternal malaise lasting more than 24 hours

1. Accept the denial and forget it.
2. Appeal the denial.
3. Make a fresh application.

The first consideration is why you were denied. If it was for a technical reason, like you are still working and making too much money, the the chances are next to nilche that you will be approved regardless if you appeal the denial or make a new claim. Just to be clear it is possible to collect disability while working if your income falls below what is called the Substantial Gainful Activity (SGA).

If your claim was denied on technical grounds, then a new application would most likely be the best path to take. Before the medical portion of the claim is evaluated the technical hurdle must be jumped. Chances are if you appeal a technical foul you’ll be benched again.

Assuming that you qualify on the technical side, meaning that you in fact do qualify to apply for SSDI, then determining if you qualify for benefits is based on your medical file(s). Since the chance of denial is high the moment you submit a claim it stands that if you apply again you stand a 90% chance of being denied again. Not to mention that the application process is lengthy and takes months.

If your claim is denied on medical grounds, then an appeal is most likely the best avenue to take. Don’t expect overworked case workers to do your thinking for you. Be sure that they have all of the medical files and information they need and it is well organized.

It is a good idea to have a complete copy of your medical files in your possession. Physicians know that in most cases you are entitled to a copy of your medical files. Occasionally, you’ll find an over zealous office worker act as a gatekeeper and tell you that in fact you are not entitled to a copy of your file(s). Kindly ask the office worker to talk with the doctor. In most cases the issue is easily resolved and you’ll have a copy of your medical files without any further fuss. If they persist in refusing to give you a copy of your medical file(s), then consult with an attorney. Hopefully, you have already contacted a good Social Security attorney to help you with your claim. It is a specialized area of the law, so do not use the same attorney that you would use to make a will or get a divorce.

There is a provision in Federal regulations that can help disabled individuals saddled with student loan debt(s). To get things rolling your physican will have to complete some paperwork for each outstanding loan.

Congressman Pickering saw Seall as a man who served his country, worked hard his entire life. When Seall was diagnosed with terminal cancer he was approved for disability benefits, but because of bureaucratic rules his first payment did not arrive until after his death.

The Pickering-Pomeroy legislation will allow a Social Security Commissioner to waive the 5-month waiting period for a terminally ill beneficiary.

The social security disability program began in 1956, and anyone who has worked 5 out of the last ten years can apply for benefits. Currently there is a backlog of 730,000 disability cases waiting for a hearing alone. Each week field offices handle 858,000 visits and 1.3 million business-related phone calls. Future projections say that the situation will only become worse. To make matters worse in the last 17 months approximately 2,000 field office employees have left the agency without being replaced.

According to the National Council of Social Security Management Associations the funds for the Social Security Administration for 2006 were reduced by $300 million and in 2007 will be reduced by another $200 million. The Social Security Administration requested a $10.44 billion budget for 2008. President George W. Bush’s budget fell short of that request by nearly $1 billion and will provide only $9.5 billion. According to Sen. Schumer the underfunding will cut an additional 4,000 positions from the agency and promises to create longer approval waiting periods. The New York senator would like to see the $1 billion President Bush removed from the Social Security Administration’s budget reinstated.

The time that it takes to complete the application usually takes considerably longer that described on the form–and it should. Accept that you are applying for disability benefits because your are disabled. It is normal for people to want to downplay their injuries, but this is not the time or place to minimize how you are suffering. It is a time for specifics. If you can no longer reach for a can of soup on the top shelf of the grocery store, let them know. You might want to consider keeping a journal for a couple of weeks that keeps track of everything that you can no longer do, pain that you suffer, and other related details.

Detailed medical information is also important as is detailed work experience. Take your time filling out the application. In fact it is a good idea to make copies of the application to use as worksheet.