DISABILITY ARGUMENTS THAT GO NOWHERE

It's extremely disappointing to be denied for disability benefits when the bills are piling up, the money is short, and you feel desperate and helpless.

 It's only natural to try to explain why you need disability payments.  However, there are some arguments or explanations that just go nowhere with Social Security.

 # 1.  I lost my drivers license; therefore, even if I had a job I'd have no way to get there.  Or, my car broke down.

 This sounds reasonable.  However, it is not an acceptable reason for not working in Social Security's view.  Lack of transportation is not a factor they consider in disability cases.

 #2.  No one will hire me.

 This is a common statement but irrelevant to a disability claim.  Social Security is not employment insurance; it is disability insurance.  It only covers the inability to work, not the inability to find work.

 #3.  My professional license expired and I can't get it back.  For example:  I can't pass the physical exam for my truck driver's license (CDL).

 This isn't considered a direct case of disability.  The inability to obtain a license is not considered a reason to find a person disabled under Social Security rules.  Certainly, the medical reasons why an individual can't pass a physical examination should be considered in SSDI cases, but in light of how the person is restricted from working, not passing an exam.

 #4.  I am more disabled than my neighbor (or someone), and he gets disability payments.

 I encourage my clients not to say this.  It doesn't help the case and may even hurt.  Comparing yourself to someone else has so many problems.  Judges hate to hear this statement and it offers nothing by way of proof that you can't work or that you meet any of the regulations.

 #5.  I'd be working except all the jobs moved to Mexico (or overseas).

 It's often an unfortunate truth that factories closed and jobs moved out of the United States.  And it isn't the workers' fault.  However, this doesn't help an SSDI claim one bit.  Think about it this way:  What you're really saying is, "I'd still be working if my job hadn't moved away."  That's really saying, "I'm able to work, I just don't have a job to go to. Give me a job and I'll be working."  It defines the problem as unemployment (loss of a job), not disability (unable to work).  And Social Security doesn't pay for unemployment (loss of jobs); it only pays for disability (inability to work). I have to work hard to stay focused on the medical reasons my clients can't work.

 Getting approved is about staying with the rules.  It's really not so much about explaining why you need the money or the hard luck you've had.  It's about focusing on your medical conditions and how the symptoms impair your ability to work and earn a living.  You must prove that you are not able to work, not that you can't find work.

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