5 MISTAKES TO AVOID IN SOCIAL SECURITY DISABILLITY
Social Security receives about 1 million disability applications each year and because of very rigorous requirements only a handful receive benefits.
Here are some common mistakes to avoid when you file a disability claim with Social Security.
1. Continuing to work.
The law is written so that an individual cannot work at 'substantial gainful activity' and receive SSDI benefits at the same time. In short, if you are working and earning at least $1,260 per month you are disqualified under the law to get SSDI. It doesn't matter why you are still working, since there are no exceptions to the law.
2. Receiving Unemployment Benefits.
In my state there is no law against receiving both SSDI benefits and unemployment benefits. But there is a problem. Unemployment benefits are designed for individuals who are able to work, available for work and looking for work. It is a temporary assistance program for workers who are temporarily between jobs. In order to get unemployment benefits, an individual must certify that he or she is still in the workforce; that is, he or she is still able to work and available to work if a job becomes available. Of course, SSDI is just the opposite. SSDI is for persons who are not able to work, not available for work and who cannot work even if a job becomes available. If you are about to file a disability claim, it's best to avoid unemployment if possible.
3. Failure to Submit Medical Evidence.
SSDI claims are based on hard core medical evidence provided by your doctors or other medical providers. Without it there is no possibility of getting benefits. It can be difficult even with good medical evidence. So, be sure Social Security contacts all your medical providers and gets your records before a decision is made. It's also a good idea for you, the claimant, to ask your doctor to give you a form called "medical source statement," that you can provide to Social Security. This form specifies your restrictions in very specific work-related functions, such as sitting, standing, lifting, bending, reaching, etc. Note that Social Security will not obtain this from your doctor. You must be proactive and get it yourself and send it to Social Security.
4. Failure to Appeal the First 2 denials.
Only a small handful of claims are approved right away. Most of them, up to 80 percent, will be routinely denied. Unless you have an obvious, severe impairment you should expect a denial. This doesn't mean you are not disabled or that you shouldn't get benefits. It means the system is very flawed and is set against the massive awarding of benefits by the routine claimant. If you are really unable to work, Social Security expects you to file and appeal and prove it.
These days, the appeal is nearly always denied (95 percent). This is because the new appeal system requires the state agency that denied your claim to "reconsider it" and issue another decision. 95 percent of these "reconsidered" claims are again denied. So, the first appeal does no good but it is a required step along the way.
The second appeal takes you before a judge for a personal hearing. This is where most claims get approved, if they ever do. By all means: appeal, appeal, appeal. If you don't, you will get nowhere.
4. Failure to Get Assistance.
When you get into the appeal process you are trying to prove that you meet all of the federal regulations and rules for a disability check. Those regulations and rules are many. They are also confusing and difficult to deal with. You may get denied again by some technicality in the law that you don't even know about. Or by failing to do something as simple as making sure the vocational expert properly classified your past work. The difference between winning and losing can be one small, seemingly unimportant detail that was left undone. Claimants often think they can represent themselves by being both the lawyer and the claimant at their hearing. This seldom works out. While you are stressed with trying to answer the judge's tough questions (which you haven't prepared for), nobody is handling the details of the case. You may not know where the hearing is headed and you certainly can't help to direct it in the right direction. Then comes the vocational witness with her SVP factors, exertional levels, transferable skills and DOT codes. You're totally lost and dependent on a system you don't understand.
One of my recent clients came out of a hearing and said to me: "Whew! I had no idea it was going to be like that!"
Don't put yourself in that predicament. Appoint a qualified advocate or attorney who knows how to prepare for the hearing and how to guide you through the hearing. You won't need any money to get a good representative or attorney because they can only charge you a fee after you win. And Social Security will pay the attorney's fee out of your past due benefits (usually 25 percent of the past due benefit with a maximum or "cap" at $6,000).
Here are some common mistakes to avoid when you file a disability claim with Social Security.
1. Continuing to work.
The law is written so that an individual cannot work at 'substantial gainful activity' and receive SSDI benefits at the same time. In short, if you are working and earning at least $1,260 per month you are disqualified under the law to get SSDI. It doesn't matter why you are still working, since there are no exceptions to the law.
2. Receiving Unemployment Benefits.
In my state there is no law against receiving both SSDI benefits and unemployment benefits. But there is a problem. Unemployment benefits are designed for individuals who are able to work, available for work and looking for work. It is a temporary assistance program for workers who are temporarily between jobs. In order to get unemployment benefits, an individual must certify that he or she is still in the workforce; that is, he or she is still able to work and available to work if a job becomes available. Of course, SSDI is just the opposite. SSDI is for persons who are not able to work, not available for work and who cannot work even if a job becomes available. If you are about to file a disability claim, it's best to avoid unemployment if possible.
3. Failure to Submit Medical Evidence.
SSDI claims are based on hard core medical evidence provided by your doctors or other medical providers. Without it there is no possibility of getting benefits. It can be difficult even with good medical evidence. So, be sure Social Security contacts all your medical providers and gets your records before a decision is made. It's also a good idea for you, the claimant, to ask your doctor to give you a form called "medical source statement," that you can provide to Social Security. This form specifies your restrictions in very specific work-related functions, such as sitting, standing, lifting, bending, reaching, etc. Note that Social Security will not obtain this from your doctor. You must be proactive and get it yourself and send it to Social Security.
4. Failure to Appeal the First 2 denials.
Only a small handful of claims are approved right away. Most of them, up to 80 percent, will be routinely denied. Unless you have an obvious, severe impairment you should expect a denial. This doesn't mean you are not disabled or that you shouldn't get benefits. It means the system is very flawed and is set against the massive awarding of benefits by the routine claimant. If you are really unable to work, Social Security expects you to file and appeal and prove it.
These days, the appeal is nearly always denied (95 percent). This is because the new appeal system requires the state agency that denied your claim to "reconsider it" and issue another decision. 95 percent of these "reconsidered" claims are again denied. So, the first appeal does no good but it is a required step along the way.
The second appeal takes you before a judge for a personal hearing. This is where most claims get approved, if they ever do. By all means: appeal, appeal, appeal. If you don't, you will get nowhere.
4. Failure to Get Assistance.
When you get into the appeal process you are trying to prove that you meet all of the federal regulations and rules for a disability check. Those regulations and rules are many. They are also confusing and difficult to deal with. You may get denied again by some technicality in the law that you don't even know about. Or by failing to do something as simple as making sure the vocational expert properly classified your past work. The difference between winning and losing can be one small, seemingly unimportant detail that was left undone. Claimants often think they can represent themselves by being both the lawyer and the claimant at their hearing. This seldom works out. While you are stressed with trying to answer the judge's tough questions (which you haven't prepared for), nobody is handling the details of the case. You may not know where the hearing is headed and you certainly can't help to direct it in the right direction. Then comes the vocational witness with her SVP factors, exertional levels, transferable skills and DOT codes. You're totally lost and dependent on a system you don't understand.
One of my recent clients came out of a hearing and said to me: "Whew! I had no idea it was going to be like that!"
Don't put yourself in that predicament. Appoint a qualified advocate or attorney who knows how to prepare for the hearing and how to guide you through the hearing. You won't need any money to get a good representative or attorney because they can only charge you a fee after you win. And Social Security will pay the attorney's fee out of your past due benefits (usually 25 percent of the past due benefit with a maximum or "cap" at $6,000).
Comments
Post a Comment