WORST MISTAKES YOU CAN MAKE ON DISABILITY CLAIMS
- The Forsythe Firm
- Sep 12, 2020
- 2 min read
Updated: Sep 15, 2020
There are many things that will get your Social Security disability application or appeal delayed or denied. Here are some of the common mistakes to avoid:
Failure to meet deadlines. Social Security is very slow to respond to you; however, they want you to respond to them in a timely way. Failing to turn in forms, reports or even call then when requested can have poor consequences.
Stating on your application, or at the hearing, that you stopped working for any reason other than disability. If you say you quit your last job due to transportation problems but you later became disabled, you will have no credibility at all. They won't believe it. And Social Security pays only for the inability to work due to medical impairments, nothing else.
Being skimpy with information on forms you send in. Work History Report, Function Report,Disability Report and other forms need clear, detailed and complete answers. Don't leave anything blank unless it absolutely doesn't apply to you.
Failing to provide contact information for each doctor or medical provider who has examined or cared for you. Contact information must include the full name of the provicer (doctor), complete address, and telephone number. Pay attention to the most recent date you saw each provider and fill this out carefully.
Not understanding the purpose of Social Security and how they make disability decisions. It doesn't matter if you can't find a job, no one will hire you or there are not any jobs in your local area. Social Security only covers medical disability which makes you unable to work for at least 12 straight months. All other issues are not considered. So, describe your symptoms and how they cause you to be unable to work.
Working after you file for disability. You can't work at "substantial gainful employment" and apply for disability at the same time. Working after you claim to have become disabled will be cause for denial of benefits.
Not having enough work credits to support a disability (SSDI) claim. SSDI covers workers who have worked at least 5 years out of the past 10 years (or shorter period). Call Social Security to see if you have the minimum work credits to support a claim before you file.
Failure to appeal a denied claim (or any negative decision) within the strict 60-day deadline. Claims may be appealed, often with good results, but only if you file within 60 days of denial. After that, appeals are not possible in most cases.
Failing to ask for help. Social Security disability is complicated, technical and hard to understand. They have thousands of rules that you must follow. Speak to an experienced attorney or disability advocate who deals with Social Security disability every day and who knows the rules. Consultations are usually free and you can't be charged a fee unless you win your claim and recover past due benefits. Studies show that having a good legal representative can increase your chance of winning by 60 percent. Do yourself a favor and make the call.
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