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8 Deadly Mistakes That Can Disable Your SSDI Claim and 6 Actions That May Help You Win!
Applying for and getting Social Security Disability Benefits (SSDI) can be a frustrating and confusing process. Did you know that almost 70% of claims are initially denied. This is shocking. While there is no sure way to guarantee that you will get SSDI benefits, this article describes some of the common mistakes Louisiana SSDI claimants make. Also included are a few actions you can take during the process to help give your social security disability claim the best chance for approval.
Fatal Mistake No. 1 – You Take “NO” For An Answer.
The truth is that nearly 70% of initial social security disability applications are denied. If you get a “NO” or “DENIED” to your answer, you lose your right and ability to appeal your rejection. Statistically, social security disability claimants do much better on appeals to an administrative law judge (and then to court) than they do on initial review. You have to be persistent, patient, and ready to say no, or be rejected, and then move on to the next step.
Action No. 1 – Appeal Any Rejection and Reapply If Necessary.
Don’t take NO. If you believe that your medical records and functional limitations qualify you for disability, don’t give up. Keep fighting by appealing the denials until you can’t appeal anymore. If you miss an appeal, or your limitations get worse after you’ve reached a final decision on a prior claim, reapply.
Fatal Mistake No. 2 – You File an Incomplete Disability Application.
Many social security disability applicants fail to provide all the information or documentation required for social security to properly review your file. Sometimes, it’s not your fault, but the fault of your doctor or medical facility. But either way, the result is the same, failure to provide all the necessary information and records, and make sure your doctor has done so as well, can kill your SSDI claim.
Fatal Mistake No. 3 – You Fail to Disclose All Medical Conditions or Injuries.
Some SSDI applicants will tell social security only about their most obvious medical problem – for example, back pain – but not about other medical issues they may be experiencing, especially mental health problems – such as depression . The fact is that when reviewing your claim, social security is required to determine how ALL of your medical conditions affect your ability to work. If you don’t tell them about all your problems (no matter how minor each one is), they will only evaluate you on your main issue.
Action No. 2 – Disclose ALL medical conditions and limitations – physical and mental.
Social Security must determine how all of your medical limitations impact your ability to work in deciding your disability claim. So you need to tell them about all your problems. Your knee that locks up and hurts for 20-30 minutes at a time after vigorous activity is as important as your congestive heart failure. Your inability to maintain personal relationships and take direction from supervisors may be as important as your back pain. Tell Social Security about all your impairments.
Fatal Mistake No. 4 – Waiting Too Long to Appeal Your Disability Denial.
You have 60 days from the date of your denial to appeal the next step in the process. This applies to each respective rejection. Missing the 60-day window to appeal can and often does mean the end of your disability claim. Now you can apply again, but you have to go back to the beginning of the line.
Action No. 3 – Appeal Within 60 days.
Social Security laws and regulations give you 60 days from the date you receive a denial to appeal. In determining what day you received the denial letter, Social Security rules assume you received it 5 days after it was dated. To make life easier, if you believe that the rejection was in error appeal as soon as possible after receiving the letter. You can appeal online at http://www.ssa.gov or by calling your local social security office. You don’t want your valid disability claim to be denied just because you failed to file your appeal within 60 days.
Fatal Mistake No. 5 – You Exaggerate Your Limitations or Speak in Absolutes.
Some SSDI applicants tell social security – “I can’t sit” or “I can’t walk”. For most disability claimants, this is simply not true. You will be able to stay for some period of time or walk some distance. (I admit that there are a few people where these absolutes are true, but not for most.) When you speak in such terms, the examiner gets the wrong impression of you because this is simply not true in the vast majority. of the cases. What happens when the examiner gets the wrong impression of you and your credibility is questioned? You get rejected. Be truthful.
Action No. 4 – Be Truthful and Tell Social Security Details.
You can never go wrong with the truth. Truth is important to your Social Security Disability Claim. While you don’t want to over-exaggerate your limitations by speaking in absolutes, you also don’t want to under-report your abilities. Good answers are those that include details like “I can hold a gallon of milk and walk with it for 10 feet before I need to put it down and rest,” or “I walk to my mailbox to pick up my mail. It’s about 30 feet. Before I walk back, I need to rest for a few minutes at the mailbox to regain my strength.” Answers like this that accurately describe your true limitations and provide concrete details allow an examiner to effectively assess your limitations. You should also remember that these examiners have heard everything and listen to everything. They are very capable of finding exaggerations and untruths. If they feel that with you, you lose credibility, which is important.
Fatal Mistake No. 6 – You Approach the SSDI Process Without Understanding It.
For most people, the only experience you’ll ever have when applying for disability benefits is when you have to do it yourself. Do you know exactly what you are trying to prove? Most people don’t. Many times, disability claimants think that all they have to prove is that they have some kind of medical condition and they should win. This is not correct. You have to know what to do and try in order to do it and try it. Otherwise, you may be a ship sailing to an unknown port without a map.
Action No. 5 – Read Informational Sources to Help You Understand the Process.
I believe it is important for social security disability applicants to know something about the process the government uses to determine whether or not you qualify for disability benefits. That’s one of the reasons why I write articles, blog, and provide information to applicants with disabilities – it’s a complicated process. You can find valuable information all over the internet and especially at SSA.gov (the Social Security Administration’s home page). These resources can help you better appreciate the process, especially if you are determined to fight for your benefits alone.
Fatal Mistake No. 7 – Failing to Disclose Your Full Work History and vaguely describing your duties.
Sure, you have been doing the same job for the last 7 years, and before that you worked for another company for 5 years. You remember those. But what about between those two jobs, when you worked with your brother-in-law for two weeks and got paid. Social Security will know about every job you’ve had where you’ve paid taxes – no matter how much. You need to think about exactly what jobs you have had and what you were required to do in each job and report this accurately to Social Security. This again will go to your credibility if you fail to do so.
The second part to this mistake is not accurately describing your duties. You can tell social security that you drive as part of your job. But for how long at a time? How many times per week? These details can have a major impact on the disability determination. Omitting these details can be fatal to your disability claim.
Fatal Mistake No. 8 – Failure to Get a Disability Attorney to Help You.
Disability attorneys are familiar with the complex rules and regulations of social security. They know what medical records are needed to prove your diagnosis and they know the questions to ask your doctor to help prove your limitations. Are you? They know what role a vocational expert will play during your hearing. Have you heard of a vocational expert? Do you understand what they are trying to do? I’m not saying that you can’t win a disability case without an attorney (in fact, many people do), or that an attorney will guarantee you victory (even the best football teams lose in a given season), but that having a well-prepared attorney who knowing that the opposition’s game plan can put you in a better position to find success.
Action No. 6 – Hire a Disability Benefits Attorney.
This may be self-serving, but doing so can help you present your disability claim in the best possible way to social security. You don’t treat your broken arm although you saw a doctor wrap it in plaster of Paris and put it in a sling. A doctor can make sure it is set properly and knows precisely how long the arm needs to remain immobilized. Likewise, with a Social Security disability attorney, the attorney knows and understands the process as well as certain strategic steps that can enhance your chances of success.
By avoiding these fatal mistakes that can disable your disability claim and by taking the actions that can help, you will give yourself the best opportunity to get the SSDI benefits you need to survive.
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