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MISTAKES THAN DOOM DISABILITY CLAIMS

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Jan 8, 2022
  • 2 min read

Getting approved for Social Security Disability Insurance (SSDI) benefits is difficult at best. However, certain mistakes on the application or in the application process may doom your claim to denial.


Here are a few of the fatal mistakes to avoid:


1. Filing on an expired work record. You are required to have a minimum number of work credits to qualify for Social Security payments. There is a date on which Social Security disability insurance expires. That date may be in the future or in the past, depending on the date a claimant last worked and paid FICA taxes. Social Security calls this date the "Date Last Insured" or DLI.


2. Failure to document the longevity of your medical impairment(s). Social Security will only pay for a disability which has lasted for at least 12 straight months, is expected to last for at least 12 straight months,OR will end in death. Claimants should get their doctor to attest that their disabling medical impairment has or will last for at least 12 consecutive months.


3. Neglecting to prove your current Functional Capacity. Many claimants think that having a certain disease or ailment will qualify for disability benefits. In most cases, it will not. Benefits are awarded only to claimants who prove that they are not able to work. Thus, they must prove the degree of functional dysfunction or restriction. In short, how restricted are you in such things as sitting, standing, walking, lifting, bending, reaching, handling, bendin, etc.? These require very specific answers, supported by a medical authority--such as your doctor. A Social Security question may ask, for example: "Is the claimant able to sit, with usual breaks, for up to 6 hours per day?"

 
 
 

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