The SSDI Podcast - EP9

What documents do you need to apply for social security disabilit
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THE SSDI PODCAST – EP9 WHAT DOCUMENTS DO YOU NEED TO APPLY FOR SOCIAL SECURITY DISABILITY

Speaker 1 0:00
All right, so today we’re doing a deep dive into Social Security Disability applications. It’s a process that can feel a little bit like, like trying to solve a puzzle in the dark, wouldn’t you say, but we’re gonna, we’re gonna try to shed some light on it, make it less overwhelming. And our, our guide for this journey is actually legal expert Kevin Lapore Esquire, and we’re gonna be taking a close look at his guide, called What documents do you need to apply for Social Security Disability? Just a little bit about Kevin lapo. He’s got a JD from the University of San Francisco law school. He’s got specialized training in Social Security Disability Law, and he’s a member of the National Organization of Social Security claimants representatives, so he knows his stuff. But, um, you know, think about it, applying for Social Security Disability. Have you ever wondered, like, what, what really makes the difference in those applications? What are those things that can make it a smooth process, versus one that, you know, drags on and on? Well, that’s where our expert comes in. They’re here to break down these complex processes and these regulations in a way that we can all understand.

Speaker 2 1:02
You know, it’s interesting the application process. It’s almost like you’re creating a picture for the Social Security Administration, but instead of using paints and brushes, you’re using documents, and they need to see that full picture of your situation to determine if you qualify. So

Speaker 1 1:17
it’s more than just a stack of random forms. It’s it’s really about strategically presenting a portrait of your situation exactly.

Speaker 2 1:24
And to build that portrait, you need three main categories of documents, yeah, identification, medical records and your work history. Each one tells a different part of your story.

Speaker 1 1:35
Okay, that already makes it feel a little less overwhelming just hearing it broken down that way. But I have to admit, even gathering those documents can feel a bit daunting. Yeah,

Speaker 2 1:43
it can be. But let’s start with identification. It seems simple, right? But the source material actually mentioned that the SSA website, it will lock you out for a full 24 hours if you enter the wrong information too many times. Seriously,

Speaker 1 1:55
I’m prone to typos, so that’s good to know. But why is there so much security around something like your birth date?

Speaker 2 2:02
Well, it’s all about preventing trod the SSA manages millions of dollars in benefits, so verifying that you are who you say you are is absolutely essential.

Speaker 1 2:12
I guess I never really thought about it that way, but it makes sense. Double checking everything suddenly feels a lot less annoying.

Speaker 2 2:18
Definitely, it’s a small step that can save you a lot of hassle later.

Unknown Speaker 2:21
Okay, so we’ve got our ID sorted. What about work history? I feel like that’s where things get a little more interesting. Like, what are they really looking at when they assess your past jobs? So

Speaker 2 2:34
they’re focused on what’s called past relevant work, basically any job you’ve held in the past 15 years that’s connected to your disability claim, they’re trying to determine if you could still do any of those jobs with your current limitations.

Speaker 1 2:47
Okay, that makes sense, but, um, what about those situations where a job title is, you know, a bit inflated, like, what if you were a manager in name only, but your actual duties were super physically demanding? Should you be upfront about that? That’s a

Speaker 2 3:01
great question, and the source actually addresses this directly. It turns out honesty is definitely the best policy here. Trying to downplay how demanding your past work was can actually backfire, because the SSA, they’re pretty good at seeing through those inflated job titles, so

Speaker 1 3:16
they have a sixth sense for that kind of thing. But seriously, how does being honest about that actually help you?

Speaker 2 3:24
Well, imagine this. You say you were a manager, but your actual duties were a lot more physically intense. If the SSA figures out the truth, which they probably will, it could really hurt your credibility. So

Speaker 1 3:36
it’s not just about being ethical, it’s strategic too, like building that trust from the start, exactly,

Speaker 2 3:41
and plus, the SSA uses your work history to determine your potential benefit amount. And this is where it gets really interesting. There’s this thing called the 80% rule, and it can affect how much you receive.

Speaker 1 3:52
Ooh, okay, I’m intrigued. Tell us about this 80% rule. What do we need to know? Basically,

Speaker 2 3:56
your income from Social Security Disability workers comp and State Disability Insurance combined can’t be more than 80% of your average earnings in your highest earning year from the past five years. Hold

Speaker 1 4:09
on. So if you have other income sources, your Social Security Disability payment could be reduced. That’s

Speaker 2 4:15
right. So let’s say you made an average of $50,000 in your highest earning year. That’s roughly $4,167 per month with the 80% rule, your total benefits from all three programs can’t exceed $3,333 per month. Wow,

Speaker 1 4:33
that’s that’s a really important detail. I bet a lot of people don’t even realize that. So being strategic about other income sources could actually help you maximize your SSDI benefit? Absolutely, it’s

Unknown Speaker 4:43
a really important takeaway for anyone considering applying. Okay,

Speaker 1 4:46
so we’ve tackled identification and work history. What’s next on our document checklist? All

Speaker 2 4:50
right, now we’re getting into medical evidence. This is really the heart and soul of your disability

Speaker 1 4:54
claim. This is, I think, where a lot of people start to get get anxious, right? What if you’re worried about missing medical records or. Not having enough documentation,

Speaker 2 5:01
that’s a very common worry. But the good news is, the SSA actually has a system to help you gather what you need. You’ll sign an authorization form. It’s called SSA 827, and that allows them to request records directly from your healthcare providers.

Speaker 1 5:15
Oh, okay, so that takes some of the pressure off. But you know what, if you can’t remember the exact date of every doctor’s appointment, like it’s all kind of a blur. Well,

Speaker 2 5:24
the source material has a great tip for that, just be as accurate as you can with the treatment dates, even if you have to estimate a little bit. Seems like a small thing, but it makes the SSA job a lot easier.

Speaker 1 5:35
So we’re making their lives easier, which is always a good thing, right? And remember, their

Speaker 2 5:39
goal is to help you get the benefits you deserve, but they need accurate information to do that. Now,

Speaker 1 5:44
when it comes to medical evidence, I’ve heard that objective evidence, like MRI results carries more weight than just saying I’m in pain. Is that true? Yes,

Speaker 2 5:55
the source is very clear about that, while your experience of pain is completely valid, the SSA needs tangible proof to support your claim. So

Speaker 1 6:03
if you have, for example, an MRI that shows a herniated disc that speaks louder than just describing your back pain,

Speaker 2 6:10
absolutely the MRI gives them concrete evidence of a condition that could be causing that pain and preventing you from working. So

Speaker 1 6:17
it sounds like if you have that kind of objective evidence, you should really highlight it in your application. Don’t be shy about those MRI results or lab tests or anything that supports your claim exactly

Speaker 2 6:26
you’re building a strong case piece by piece. Now,

Speaker 1 6:30
the source material mentions a few other forms that might be required, and I’m I’m already feeling a little overwhelmed again, to be honest. Don’t

Speaker 2 6:37
worry. They each have a specific purpose, and they all contribute to that full picture we talked about. There’s the SSA three, 373, where you describe how your disability affects your daily life. There’s the SSA 3380 a DR, BK, which someone close to you can fill out to offer their perspective. And then there’s the SSA three, 369

Speaker 1 6:57
which is a work history questionnaire. So it’s like each form is another brush stroke in that portrait of your situation, precisely.

Speaker 2 7:03
They all work together to help the SSA see your circumstances from every angle. I also

Speaker 1 7:08
noticed that the source really stresses keeping proof of submission for everything and checking your mail for that application summary. Why is that so important? It’s all

Speaker 2 7:18
about covering your bases. You want to make sure the SSA has received everything and that you have a record in case any questions or issues come up. You

Speaker 1 7:26
know, I’m a big fan of receipts, so this advice really speaks to me. It’s just it’s less stressful knowing you have that proof, right?

Speaker 2 7:32
It’s all about minimizing stress and maximizing your chances of a smooth application process. So

Speaker 1 7:38
with all these forms and all these details, is it ever worth getting professional help? I’m starting to see why this process can be so daunting for people. That’s

Speaker 2 7:46
a great question, and the source actually addresses that directly. It cites a statistic that applicants with lawyers have almost triple the success rate,

Speaker 1 7:55
triple Wow. That’s pretty compelling. So even though we’re gaining some valuable knowledge here, having a professional in your corner can really make a difference. Absolutely.

Speaker 2 8:04
Think of it this way. You wouldn’t try to perform surgery on yourself, right? Sometimes you need an expert to guide you through a complex process. That’s

Speaker 1 8:14
a perfect analogy. So even after this deep dive, seeking out legal advice could provide an extra layer of support and expertise.

Speaker 2 8:21
Definitely, it’s about giving yourself the best possible chance of a successful outcome.

Speaker 1 8:25
Speaking of successful outcomes, let’s talk about one of the biggest hurdles in this process, the SSA is five step evaluation process. It’s like the ultimate test your application has to pass, right?

Speaker 2 8:38
It definitely is, but understanding how it works can take away a lot of the mystery and the anxiety. Okay,

Speaker 1 8:44
walk us through it. What are those five steps and what happens at each stage?

Speaker 2 8:49
All right, the first step is pretty simple. Are you working the SSA wants to know if you’re currently engaged in what they call substantial gainful activity, or SGA. I’ve heard

Speaker 1 8:59
that term before, but I’ve never really understood what it meant. Can you break that down for us

Speaker 2 9:02
Sure? SGA basically means you’re earning above a certain monthly threshold, and that limit actually changes every year. In 2024 it’s $1,470 per month for non blind individuals. If you’re making more than that, your application will most likely be denied.

Speaker 1 9:17
So you have to be actually out of work or earning very little to even get past the first step Exactly.

Speaker 2 9:22
If you pass that first hurdle, they move on to step two, which is assessing whether your medical condition is severe. So

Speaker 1 9:30
it’s not just about having a diagnosis, it’s about how that diagnosis actually impacts your ability to work

Speaker 2 9:36
right they’re looking at whether your condition significantly limits your ability to do basic work activities for at least 12 months, things like walking, standing, sitting, lifting, remembering, concentrating, making decisions.

Speaker 1 9:50
Okay, so step two is about proving that your condition isn’t just a minor inconvenience, it’s a serious barrier to employment, exactly,

Speaker 2 9:57
and that’s why having. Detailed medical records is so important at this stage, they provide the evidence the SSA needs to see that severity. Okay,

Speaker 1 10:06
let’s say your condition passes the severe test. What happens next? Then

Speaker 2 10:10
they move on to step three, where they compare your condition to a list of impairments the SSA considers automatically disabling. It’s like a master list of conditions that meet their criteria for disability.

Speaker 1 10:19
So if your condition is on that list, you’re pretty much guaranteed approval. It

Speaker 2 10:24
definitely strengthens your case. If your condition meets or equals a listing, you’re generally considered disabled without having to go through the rest of the steps.

Speaker 1 10:32
Oh, okay, that’s reassuring to know. But what happens if your condition isn’t on that list is all hope lost, not

Speaker 2 10:39
at all. That’s where steps four and five come in. Step Four assesses your ability to do your past relevant work. Remember those jobs we talked about earlier, the ones you held in the past 15 years, right? They’re trying to determine if you could realistically go back to any of those jobs. They evaluate your limitations, and they consider whether you could perform the duties of those jobs as they are typically done in the national economy. If they find that you can’t, they move on to Step five. So

Speaker 1 11:08
step five is the final hurdle. It is in this step

Speaker 2 11:11
the SSA looks at your age, your education, your work skills and your remaining abilities to determine if there are any other jobs in the national economy that you could do. So

Speaker 1 11:20
they’re essentially looking for any job you could potentially do, even if it’s not something you’ve done before. That’s right,

Speaker 2 11:26
they’re looking at your transferable skills and considering whether you could be retrained for a different occupation. And this is where your age actually becomes a very important factor. How so well, the older you are, the harder it is to learn new skills and adapt to new work environments. The SSA takes that into consideration when they’re evaluating your options.

Speaker 1 11:48
So it’s almost like age works in your favor, in this case, in a way. Yes,

Speaker 2 11:53
the closer you are to retirement age, the more likely the SSA is to find you disabled if you can’t perform your past work.

Speaker 1 12:00
This five step evaluation process is it’s a lot more nuanced than I realized. It’s definitely a comprehensive way to assess each applicant’s situation. It

Speaker 2 12:10
is and it’s designed to ensure Fairness and Accuracy throughout the whole process. But there are some common pitfalls that applicants can fall into. One of the biggest ones is filing an application too

Speaker 1 12:20
early, too early. I always thought, the sooner you file, the better.

Speaker 2 12:23
That’s a common misconception. Remember, the SSA requires your disability to have lasted or be expected to last for at least 12 months, right? Right? We talked about that, if you file before you’ve met that 12 month duration requirement, your claim will likely be denied. You need to have enough medical evidence to support your claim. Rushing the process can actually hurt your chances. So patience is key. It is but on flip side, waiting too long to file can also be a problem. There are deadlines for filing, and missing those could mean you lose out on potential benefits. So

Speaker 1 12:57
it’s a balancing act. You have to be patient, but you can’t miss those deadlines Exactly.

Speaker 2 13:01
That’s why consulting with an experienced disability attorney can be so helpful. They can help you navigate those timelines and make sure you’re filing at the right time. This

Speaker 1 13:09
is all making me think about the emotional toll of this whole process applying for disability. It’s not just about paperwork. It’s a deeply personal experience, and it can be very stressful. You’re

Speaker 2 13:20
absolutely right. Dealing with a disability is already challenging enough, and then navigating the complexities of the Social Security system can add another layer of stress and anxiety on top of that.

Speaker 1 13:30
I imagine there are a lot of feelings of frustration, uncertainty, maybe even a sense of loss.

Speaker 2 13:38
Absolutely it’s really important to have a support system in place during this time, whether it’s family, friends, a therapist, a support group, having people to talk to and lean on can make a huge difference.

Speaker 1 13:50
And of course, having an attorney who understands the process and can advocate for you can also be a source of relief and empowerment.

Speaker 2 13:57
Definitely, attorneys can handle those legal complexities, and that frees you up to focus on your health and well being. So

Speaker 1 14:04
it’s like they’re taking on the burden of the paperwork and the legalities so you can focus on taking care of yourself exactly,

Speaker 2 14:10
and that’s so important. Remember, you are not alone in this journey. There are resources and support systems available to help you through every step of the way. I think

Speaker 1 14:19
that’s a really powerful message for our listeners applying for social security disability can be daunting, but remember, you’re not alone. There are people and resources that are dedicated to helping you navigate this and

Speaker 2 14:31
remember Knowledge is power. The more you understand the process, the more empowered you’ll feel to advocate for your rights and get the benefits you deserve.

Speaker 1 14:40
Well said, and speaking of knowledge is power. Let’s dive into another crucial aspect of this process, the date last insured or DLI. It sounds kind of like a secret code, but it plays a huge role in determining your eligibility.

Speaker 2 14:56
It does the DLI is essentially the last date you were eligible to earn. Earn Social Security credits.

Speaker 1 15:01
Hold on. Wait a minute. What are Social Security credits and why do they matter so much? Think

Speaker 2 15:06
of them as building blocks for your eligibility. You earn credits by working and paying Social Security taxes. The more you work and earn, the more credits you accumulate. So

Unknown Speaker 15:15
it’s like a point system for Social Security benefits. Exactly

Speaker 2 15:18
you need a certain number of credits to qualify for benefits, and the exact number depends on your age when you become disabled. Okay, I’m

Speaker 1 15:25
starting to see the bigger picture here. So the DLI is like the cutoff point for earning those credits. Precisely

Speaker 2 15:31
once you reach your DLI, you can’t earn any more credits, even if you continue working.

Speaker 1 15:37
So why is the DLI so important in disability claims.

Speaker 2 15:41
Well, to be eligible for Social Security Disability benefits, you generally need to have earned enough credits in the years leading up to your disability Onset date. So

Speaker 1 15:49
if your disability began after your DLI, you might not qualify, even if you worked for years before that.

Speaker 2 15:56
That’s right. It’s a crucial factor that catches a lot of people off guard. That’s why it’s so important to understand your DLI and to make sure you have enough recent work credits to qualify. I

Speaker 1 16:05
imagine that can be a real shock for people who have worked for years but maybe had a gap in employment or a change in work status. Absolutely,

Speaker 2 16:12
it’s a common scenario, and it’s one of the reasons why seeking professional guidance can be so valuable. Attorneys can help you figure out your DLI, analyze your work history and determine if you meet those credit requirements. So

Speaker 1 16:25
it’s not just about your medical condition, it’s also about your work history and those social security credits

Speaker 2 16:29
Exactly. It’s a multi faceted evaluation process, and each element plays a really important role. This

Speaker 1 16:37
is all incredibly insightful, but I have to admit, my head is starting to spin a little bit with all these details and regulations. It’s it’s a lot to absorb. I

Speaker 2 16:45
understand it is a complex system, and it’s easy to feel overwhelmed.

Speaker 1 16:50
That’s why we have experts like you to help break it all down. That’s right.

Speaker 2 16:54
And remember, the key is to take it one step at a time, and don’t be afraid to see professional guidance when you need it. Don’t be afraid to reach out to experts or advocacy organizations for help. Remember, you are not alone in this journey. There are people and resources available to help you every step of the way. Well said,

Speaker 1 17:12
and I think that’s a perfect place to pause for now we’ve covered so much ground already, from the initial application to the five step evaluation process to the importance of your work history and your DLI. It’s a lot to process. It is,

Speaker 2 17:26
but we’ve only just scratched the surface. There’s still so much more to explore in this fascinating world of social security disability applications. That’s right.

Speaker 1 17:34
So stay tuned for part two of our deep dive, where we’ll delve into the appeals process common misconceptions about disability and the crucial role of the disability examiner. It’s going to be an eye opening journey. Welcome back to our deep dive into the world of social security disability applications. In part one, we we covered a lot from those initial steps to understanding the five step evaluation process, but, but the journey doesn’t end there, right? Oh, definitely

Speaker 2 18:01
not for a lot of people. Actually, the journey takes an unexpected turn, the appeals process. The

Speaker 1 18:07
appeals process that sounds a little intimidating, to be honest, is it, is it common to have applications denied? You

Speaker 2 18:12
know it? It might surprise you, yeah, but a majority of initial applications are actually denied. It’s really not unusual at all. Wow,

Speaker 1 18:19
I had no idea. So getting a denial, it’s, it’s not necessarily the end of the road, no,

Speaker 2 18:24
not at all. Think of it more like a detour on your journey. It just means you need to take a few extra steps, maybe present your case in a slightly different way.

Speaker 1 18:33
Okay, so, so how does the appeals process work? Is it? Is it like starting the whole application over from scratch? Not

Speaker 2 18:41
quite. You’re actually building on the the foundation that you’ve already laid. You’ll have the opportunity to to submit additional evidence, clarify any misunderstandings, and have your case reviewed by by a fresh set of eyes. It’s your chance to make your case even stronger. Okay,

Speaker 1 18:57
that’s that’s good to hear, but I can imagine that navigating that process can be pretty overwhelming, especially if you’re you know, already dealing with the stress of a disability, you’re

Speaker 2 19:06
absolutely right, and that’s one of the reasons why having an experienced disability attorney by your side can be so valuable. They can guide you through the appeals process, make sure you meet all the deadlines and present your case in the most effective way possible. So

Speaker 1 19:18
they’re like, uh, like a seasoned navigator, helping you chart the course through through those rough waters

Speaker 2 19:25
Exactly. And speaking of navigating, let’s talk about some of the common misconceptions that can send people off course when it comes to social security disability. One of the biggest ones is this idea that it’s, it’s easy to get approved for benefits and and, as we just discussed, that’s that’s far from the truth. Yeah,

Speaker 1 19:40
I think there’s this, this perception that it’s a quick and simple process, but clearly that’s that’s not the reality, right?

Speaker 2 19:48
There’s also this perception that, you know, that everyone who applies is is trying to game the system. But the reality is, the vast majority of applicants are genuinely disabled and unable to work. They’re not. For a handout. They’re they’re seeking the support they need to to survive. It’s

Speaker 1 20:04
about it’s about accessing a safety net that they’ve likely paid into through their their payroll taxes. Exactly

Speaker 2 20:11
Another misconception is that you have to be completely unable to work to qualify. And that’s not necessarily true. Either you might still be eligible, even if you can work part time or in a limited capacity, so

Speaker 1 20:23
it’s not, not an all or nothing situation, Nope, not at all. The

Speaker 2 20:27
SSA understands that people with disabilities may have some capacity for work, and they take that into consideration.

Speaker 1 20:35
This is, this is making me realize how much, how much misinformation is out there about Social Security disability, it’s like navigating through a fog of myths and rumors. You’re

Speaker 2 20:45
right. That’s why it’s so important to have accurate information, to have reliable sources to guide you, speaking with which we’ve been talking about the SSA and the application process. But I’m curious who actually makes the decision, who decides whether you’re approved or denied? Yeah,

Speaker 1 21:01
that’s a that’s a good question. I’ve always wondered about that, is there, like a, like a mysterious panel of judges somewhere making those calls? Well,

Speaker 2 21:09
it’s not quite that dramatic that the key player in your case is the disability examiner.

Speaker 1 21:13
The Disability examiner, okay, that sounds important. What exactly do they do? They’re

Speaker 2 21:17
the ones who who review your entire application, your medical records, your work history, everything, and they ultimately decide whether you meet the SSAS criteria for disability benefits.

Speaker 1 21:29
So they’re, they’re kind of like the the gatekeepers of this system in a

Speaker 2 21:33
way. Yeah, they have a lot of responsibility. They’re tasked with making some really tough decisions. I

Unknown Speaker 21:38
bet their job is, is pretty demanding. I imagine they have to go through mountains of paperwork every day. Definitely.

Speaker 2 21:43
Their job is to to analyze complex medical conditions, interpret all those regulations we’ve been talking about and apply them to to your specific situation. It’s it’s not an easy task

Speaker 1 21:56
that makes me think about how important it is to to make their job as easy as possible, you’re

Speaker 2 22:01
absolutely right. One of the best things you can do is to be very clear and concess in your communication, you know, avoid using technical jargon or medical terms that they might not understand.

Speaker 1 22:12
So it’s about speaking their language. So to speak exactly,

Speaker 2 22:15
use plain language. Yeah, explain your limitations in detail and provide specific examples of how your condition affects your daily life and and your ability to work. So

Speaker 1 22:25
instead of just saying I have chronic pain, you might say my chronic pain makes it impossible for me to sit or stand for more than 15 minutes at a time.

Speaker 2 22:34
Exactly the more specific and detailed you are, the better the examiner will understand the severity of your condition. And

Speaker 1 22:41
don’t forget about highlighting that, that objective medical evidence, those, those MRI results, lab tests, psychological evaluations, those can really strengthen your case.

Speaker 2 22:52
Absolutely they’re like, the concrete proof that backs up your claims, like,

Speaker 1 22:57
like handing the examiner a magnifying glass and saying, See, look, look, how this affects me

Speaker 2 23:01
exactly. It makes their job easier and and it makes it harder for them to deny your claim. But

Speaker 1 23:06
at the end of the day, they’re, they’re human beings, right? Just trying to make the best decision they can based on the information they have. That’s,

Speaker 2 23:14
that’s an important point. It’s, it’s easy to forget that when you’re you’re feeling stressed and overwhelmed. But the disability examiners just, they’re just trying to do their job, and

Speaker 1 23:23
their job is to to help people who are genuinely disabled get the support they need precisely

Speaker 2 23:28
and and while you may not always agree with their decision, it’s it’s important to understand the process and your rights, and that’s where having an attorney can be invaluable. Speaking

Speaker 1 23:37
of attorneys, are there? Are there any other situations where having legal representation can really make a difference in a disability claim? Absolutely,

Speaker 2 23:47
one area where attorneys really shine is in cases that involve mental health conditions. These these claims can be particularly challenging because unlike a you know, a broken bone or herniated disc, mental health conditions often don’t have clear cut objective evidence,

Unknown Speaker 24:05
so it’s more about subjective experiences and symptoms to

Speaker 2 24:08
a certain extent, yes, but, but that doesn’t make those claims any less valid. It just requires a different approach to documentation and evidence gathering. So

Speaker 1 24:16
what kind of evidence is is most helpful in those situations? Well, detailed

Speaker 2 24:20
medical records from therapists, psychiatrists, psychologists, anyone who’s involved in your your mental health treatment. Those are essential. Those records should should document your diagnoses, your symptoms, your treatment history and and most importantly, how your condition impacts your daily life and your ability to work. So

Speaker 1 24:41
it’s about painting a really comprehensive picture of how your your mental health condition affects your your ability to function in a work setting exactly

Speaker 2 24:51
and and don’t underestimate the power of personal statements from yourself, your family, your friends. These statements can provide really valuable insights into you. Into how your condition affects you on it on a day to day basis.

Speaker 1 25:02
It’s like, um, it’s like weaving together those medical records with real life experiences to create a tapestry of your your situation. That’s

Speaker 2 25:10
that’s a great analogy and and just like with physical health conditions, if you have any objective evidence, things like psychological evaluations, cognitive testing results, brain imaging studies, those can really bolster your claim. So

Speaker 1 25:22
it’s all about building that that strong case, brick by brick, to demonstrate the impact of of your mental health condition on your ability to work. But what about the the financial aspect? I know there’s a waiting period for Social Security Disability benefits, and I can only imagine how stressful that must be for for people who are who are already struggling financially.

Speaker 2 25:45
You’re absolutely right. It’s, it’s a major concern for a lot of applicants. The the typical waiting period is five months from the the date

Speaker 1 25:53
your disability began, five months that’s, that’s a long time to go without any income. It is, and it’s something

Speaker 2 25:58
that a lot of people aren’t prepared for. That’s why it’s so important to be aware of that waiting period and to try to plan accordingly. If possible, having some some savings set aside can make a huge difference during that time.

Speaker 1 26:10
But realistically, for a lot of people who are who are already struggling because of their disability, having savings just just isn’t an option.

Speaker 2 26:16
You’re right. It’s a it’s a catch 22 for for a lot of people, that’s why it’s crucial to to explore all the available resources and support systems. Some states offer short term disability programs, and there are also nonprofit organizations that may be able to provide financial assistance or guidance during that waiting period.

Speaker 1 26:36
So it’s about being proactive and seeking out those those resources Exactly.

Speaker 2 26:41
Don’t be afraid to ask for help. There are people and organizations that are dedicated to supporting individuals who are going through this process.

Speaker 1 26:50
And of course, having an attorney on your side can be helpful in in navigating those financial aspects as well. Absolutely,

Speaker 2 26:56
attorneys can help you understand your rights, explore different options and advocate for your best interest every step of the way. They can be like your your financial Sherpas guiding you through the complex terrain of disability benefits and making sure you have the support you need. Speaking

Speaker 1 27:12
of support, one thing that’s that’s become really clear throughout this this deep dive, is that knowledge is power when it comes to to the Social Security disability system. The more you understand, the more empowered you’ll

Speaker 2 27:27
you’ll feel. Couldn’t agree more, the more you know about the process, the regulations, your rights, all of it, the better equipped you’ll be to advocate for yourself and get the benefits you deserve.

Speaker 1 27:38
And it all starts with being proactive, seeking out information, asking questions, basically being being your own best advocate. But we’ve, we’ve covered so much already. I feel like we’ve we’ve just scratched the surface of this, this intricate world we

Speaker 2 27:51
have. But believe it or not, there’s, there’s still more to explore. We need to talk about the specific documents you’ll need and some expert tips for making sure your application is as strong as it can be.

Speaker 1 28:03
Okay, I’m I’m ready for part three. This journey is definitely full of twists and turns, but but with your guidance, I’m starting to feel a lot more confident about navigating it. All

Speaker 2 28:14
right. Welcome back to our social security disability Deep Dive. So in the first two parts, we’ve covered a lot of ground. The five step evaluation, common misconceptions. We even met the mysterious disability examiner. But now I think it’s time to really get into like, the actual application itself. Yeah,

Speaker 1 28:32
absolutely. We’ve, we’ve done a lot of talking about the strategy, but now let’s look at like, the tactical side of things. Remember that treasure map we mentioned, Kevin Laporte guide? It’s time to open it up, see what gems we can find. Okay,

Speaker 2 28:43
I’m ready. I’m ready to dig in. What are those? Those must have documents, those things everyone needs to have before they even think about hitting submit. Well, we gotta start with the basics, right, proof of identity. We touched on this earlier, but it’s it’s worth emphasizing. You’ll need your birth certificate, driver’s license or state ID, and, of course, your social security card. Remember those typos we talked about? Got to make sure everything matches perfectly. Don’t want any delays. Yeah,

Speaker 1 29:09
accuracy is key. It’s like those old adventure movies, one wrong symbol on the map and you end up at a booby trap instead of the treasure Exactly.

Speaker 2 29:16
So beyond identification, you’re going to need detailed medical records. This is, this is the foundation of your claim, right? We’re talking doctor’s reports, test results, treatment summaries, anything and everything that documents your condition and how it affects your ability to work.

Speaker 1 29:32
Okay? So if you’ve got those MRI results, we were talking about those, go right at the top of the pile.

Speaker 2 29:37
Absolutely remember objective evidence is gold. And don’t forget those mental health records too, right? If your condition involves, uh, anxiety, depression, any other mental health challenges, those records from therapists, counselors, those are crucial. This

Speaker 1 29:52
is making me think about like organization. It’s it’s a lot to keep track of. Any tips for like. Wrangling all these documents, making sure nothing gets lost in the shuffle, that’s

Speaker 2 30:03
a great point. Staying organized is absolutely essential. Create a system that works for you, whether it’s color coded folders, a spreadsheet, that trusty old binder, just as long as you can easily find what you need when you need it, hmm, oh, and always keep copies of everything you

Speaker 1 30:19
submit. I’m a big fan of backups. It’s like that saying two is one and one is none, especially with something as as important as this

Speaker 2 30:26
exactly. Now, beyond those medical records, you’re also going to need to document your work history. Remember that conversation we had about past relevant work? Well, this is where it all comes into play. Gather those pay stubs, W twos, tax returns, anything that verifies your past employment, your earnings. Okay? And

Speaker 1 30:42
what about those situations where, like, a job title is it’s not really accurate, like, it doesn’t reflect what the work actually was. Should you try to clarify that somewhere in the application? Absolutely,

Speaker 2 30:53
the source really stresses honesty and transparency. If your job title was misleading, don’t hesitate to really break it down. Provide a detailed description of what you actually did your responsibilities. Remember the SSA they’re looking for a clear and accurate picture.

Speaker 1 31:10
So it’s better to over explain than leave them guessing Exactly.

Speaker 2 31:13
Now. One last thing to keep in mind, Kevin Laporte guide, it mentions that applicants who have lawyers, they have a much higher success rate. And while we’ve covered a lot of really useful info here, having that professional guidance can be so valuable.

Speaker 1 31:28
It’s like having a having a guide, you know, taking you through a jungle. They know the terrain, they can see the obstacles, they’re going to help you reach your destination.

Speaker 2 31:36
Perfect analogy. And just like a good guide, a disability attorney can help you avoid pitfalls, gather the right evidence and present your case in the most compelling way,

Speaker 1 31:44
this has been such a an eye opening deep dive, I feel like I’ve I’ve gained a whole new understanding of social security disability. It’s

Speaker 2 31:52
been great sharing these insights with you, and remember the most important takeaway is that that you are not alone in this journey. There are resources available to help you every step of the way.

Speaker 1 32:02
That is the perfect note to end on this deep dive has been all about empowering you, our listener, to navigate this process with confidence and with knowledge. So what are some things you can do right now? Well,

Speaker 2 32:13
start gathering those crucial documents, your ID, medical records, work history. Think about reaching out to a disability attorney for guidance and support, and most importantly, remember, you’re not alone. There are people who understand what you’re going through resources available to help you every step of the way. Don’t be afraid to reach out. And with

Speaker 1 32:34
that, we’ll wrap up this episode of The Deep Dive. We hope you found this exploration informative and empowering. Until next time, stay curious and keep diving deep.

Helping clients win their cases for over 40 years

LaPorte Law Firm has been representing Social Security Disability claimants in the Bay Area since 1982. Since starting his practice specializing in Social Security Disability claims, Terry LaPorte has successfully represented thousands of disability claimants, with LaPorte Law Firm opening offices in San Jose, Oakland, San Francisco, Santa Cruz, Burlingame, Sacramento, and Hawaii.

We are a full-service law firm providing expert legal representation at all stages of the Social Security Disability benefits process. As a local law firm mainly servicing the Bay Area, we are familiar with the administrative judges at the San Jose, San Francisco, and Oakland hearing offices, as well as the staff at local Social Security field and hearing offices. In addition, with this being a federal area of law, we also represent clients all over the country.

Meet our attorneys

Our team of ethical, professional, and dedicated lawyers are the cornerstone of our success.

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Terry LaPorte

Attorney

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Kevin LaPorte

Attorney

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Kelsey LaPorte

Attorney

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Maria Miranda-Hammon

Legal Representative

How it works:

How we can help:

NO FEES UNLESS YOU WIN.

At LaPorte Law Firm, we only receive a fee if you win your case – so you have nothing to lose. We’re with you every step of the way.
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Award-winning service

Equipped with years of experience and thousands of successful cases, LaPorte Law Firm is the leading disability attorney in the Bay Area, and we have the awards and certifications to prove it.

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Terry LaPorte

Attorney

Since receiving his JD from Santa Clara University School of Law in 1979, Terry LaPorte has dedicated his legal career to representing individuals in Social Security Disability claims and appeals. In 1982, he established the LaPorte Law Firm in Northern California, specializing in Social Security Disability law. For over 40 years, Terry and the LaPorte Law Firm team have successfully represented thousands of clients in California and the Western States.

Throughout his career, Terry has continued to develop his expertise in various ways, such as attaining the National Board of Legal Specialty Certification and serving on the Board of Examiners of the National Board of Trial Advocacy. He is also a member of the National Organization of Social Security Claimants’ Representatives, a provider attorney to the American Association of Retired Persons, and a seven-time Chair of the Social Security section of the Santa Clara County Bar Association. In addition, he has served as a lecturer on disability law for the Continuing Education Program of the California Bar Association and for many community, legal, and support organizations.

Terry has received numerous awards and recognition for his commitment to individuals with disabilities and others in need in our community, including:

  • The Santa Clara County Bar Association Pro Bono Services Award
  • The Santa Cruz County Trial Lawyers Association Community Service Award
  • The Law Foundation of Silicon Valley’s Philip J. Berelson Award for Generous Philanthropy
  • Chapter Programs Partner of the Year and Social Security Attorney of the Year by the National Multiple Sclerosis Society
  • Client Distinction Award by Martindale-Hubbell and Lawyers.com (fewer than 4% of over 900,000 attorneys listed on Martindale.com and Lawyers.com have been awarded this distinction)
  • Acknowledgement of dedication to the disabled by the California State Bar’s Consumer Business Review, the Santa Clara County Bar Association, and the Pro Bono Project of Santa Clara County
  • Named a top Northern California attorney in Super Lawyers
  • Certificate of Recognition from the California State Assembly

Terry is licensed to practice in the State of California and the Northern District Federal Court.

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Kevin LaPorte

Attorney

Kevin LaPorte received his JD from the University of San Francisco Law School where he was also awarded an International and Comparative Law Certificate with Honors. He is a member of the National Organization of Social Security Claimants’ Representatives, where he has received specialized training in Social Security Disability Law.

Before joining LaPorte Law Firm, Kevin’s practice focused on international criminal law and human rights, such as serving as Assistant Attorney to the International Civil Parties in the trial of former Khmer Rouge leaders in Cambodia. This trial was conducted as a joint enterprise between the United Nations and the Cambodian government, and involved the drafting of closing statements in the historical trial of former Khmer Rouge leaders, along with conducting fact gathering missions for the crime of genocide. He also worked for the United Nations in The Hague, Netherlands, at the International Criminal Tribunal for the former Yugoslavia, which involved the criminal trial of a former general accused of genocide and war crimes.

Kevin’s experience helping victims of human rights abuses inspired him to assist individuals closer to home who are suffering from disabling illnesses and injuries. With his background in human rights law, he has gained a unique perspective in representing clients whose disabilities prevent them from being able to work. His practice now focuses on representing clients in Northern California in the Social Security Disability claims and appeals process. He was also named a Super Lawyers Rising Star in 2022.

Kevin is licensed to practice in the State of California and the Northern District Federal Court. Kevin LaPorte is also a member of the Alameda County Bar Association.

Kevin is also the main contributor to our blog, writing new articles every month on SSDI and SSI-related topics that you can consult for free here.

Kevin also contributes to other major online publications, like this Bloomberg article on SSDI and long Covid, thanks to his extensive experience as a Social Security Disability attorney

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Kelsey LaPorte

Attorney

Kelsey LaPorte is a zealous advocate for her clients, committed to helping them obtain the benefits they deserve while guiding them through a time in which they adjust to the effects of their disability on their daily life. With specialized expertise in appeals, she has demonstrated success in appeals to both the Social Security Appeal Council as well as federal lawsuits against the Social Security Administration.

Kelsey is a cum laude graduate of Santa Clara University School of Law with experience in appellate work with the Northern California Innocence Project and the California Public Defenders Office. As a graduate of the Center for Social Justice and Public Service at Santa Clara Law, she is committed to public service and has contributed to the Bay Area community by working on expungement petitions at the Santa Clara Public Defender’s office.

Kelsey is licensed to practice in the State of California and the Northern District Federal Court.

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Maria Miranda-Hammon

Legal Representative, EDPNA

Maria Miranda-Hammon has decades of experience as a Legal Specialist, representing clients since 1994. She is an experienced and dedicated Social Security legal representative who is deeply committed to achieving a successful outcome for every client. Maria specializes in the representation of claimants with SSI and SSA disability claims and appeals at Social Security hearing offices and district offices. She continues to expand her knowledge and experience through research and seminars offered by the Santa Clara County Bar Association, the National Organization of Social Security Claimants’ Representatives, and the Annual 9th Circuit Conference for Experienced Social Security Practitioners.

With her vast litigation support experience and electronic filing software expertise, Maria’s assistance in preparing documentation presentations and conference materials is an invaluable asset to the firm. With a fully integrated bicultural background, she has represented many monolingual Spanish-speaking claimants.

Watch a free video presentation by the attorneys at LaPorte Law Firm – How to prepare for a Social Security disability hearing

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Everything You Need To Know About
The Social Security Disability application process