8 deadly mistakes that can disable your SSDI claim and 6 actions that can help you win.
Legal LawApplying 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? That is awesome. While there is no sure way to guarantee that you will get SSDI benefits, this article outlines some of the common mistakes Louisiana SSDI applicants make. Also included are some actions you can take during the process to help give your social security disability claim the best chance of approval.
Deadly mistake #1: You take “NO” for an answer.
The truth is that about 70% of initial social security disability claims are denied. If you accept “NO” or “DENIED” for an answer, you lose your right and ability to appeal your denial. Statistically, Social Security disability claimants do better on appeal before an administrative law judge (and later in court) than on initial review. You have to be persistent, patient, and willing to be told no or denied, and then move on to the next step.
Action No. 1 – Appeal each denial and reapply if necessary.
Don’t take NO. If you think your medical records and functional limitations qualify you for disability, don’t give up. Keep fighting by appealing denials until you can no longer appeal. If you lose an appeal, or your limitations worsen after you have reached a final decision on a previous claim, file a new application.
Deadly mistake #2: Submit an incomplete disability application.
Many Social Security disability claimants do not provide all the necessary information or documentation that Social Security needs to properly review your file. Sometimes it is not your fault, but the fault of your doctor or medical center. But either way, the result is the same, not providing all the necessary information and records, and making sure your doctor has done so too, can void your SSDI claim.
Deadly Mistake #3: Failing to disclose every medical condition or injury.
Some SSDI claimants will only tell Social Security about their most obvious medical problem, such as back pain, but not about other medical problems they may be experiencing, especially mental health problems, such as depression. The fact is that when reviewing your claim, Social Security must 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 small), they will test you on your main problem only.
Action No. 2 – Disclose ALL medical conditions and limitations – physical and mental.
Social Security has to determine how all of your medical limitations affect your ability to work when deciding your disability claim. So you have to tell them all your problems. Your knee locking up and aching for 20-30 minutes every once in a while after strenuous activity is just as important as your congestive heart failure. Your inability to maintain personal relationships and receive instructions from supervisors may be just as important as your back pain. Tell Social Security about all of your impairments.
Deadly mistake #4: Waiting too long to appeal your denial of disability benefits.
You have 60 days from the date of your denial to appeal to the next step in the process. This is true with each respective denial. Missing the 60-day appeal window can and often does mean the end of your disability claim. Now you can reapply, but you must 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. To determine what day you received the denial letter, Social Security’s rules assume you received it 5 days after the date. To make your life easier, if you think the denial was a mistake, appeal as soon as possible after you get the letter. You can appeal online at http://www.ssa.gov or by calling your local social security office. You do not want your valid disability claim denied simply because you did not file your appeal within 60 days.
Deadly mistake #5: You exaggerate your limitations too much or speak in absolute terms.
Some SSDI applicants will 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 sit for a period of time or walk a certain distance. (I admit that there are some people for whom these absolutes are true, but not for most.) When you speak in those terms, the examiner gets a bad impression of you because this is simply not true in the vast majority of cases. What happens when the examiner gets a bad impression of you and your credibility is questioned? They deny you. Be sincere.
Action No. 4 – Be truthful and tell Social Security the details.
You can never go wrong with the truth. The truth is important to your Social Security disability claim. While you don’t want to overstate your limitations by speaking in absolute terms, you also don’t want to underestimate your abilities. Good answers are ones that include details like “I can hold a gallon of milk and walk with it 10 feet before I have to put it down and rest” or “I walk to my mailbox to get my mail. It’s about 30 feet. Before I go back , I need to rest a few minutes at the mailbox to regain strength.” Answers like these that accurately describe your true limitations and provide concrete details allow an examiner to effectively assess your limitations. You also need to remember that these examiners have heard it all and do hear it all. They are very adept at spotting exaggerations and falsehoods. If they feel that way with you, you will lose credibility, which is important.
Deadly Mistake #6: You approach the SSDI process without understanding it.
For most people, the only experience they will have applying for disability benefits is when they have to do it themselves. Do you know exactly what you are trying to prove? A lot of people don’t. Often, disability claimants think that all they have to prove is that they have some type of medical condition and that they should win. This is not correct. You need to know what you need to do and test to be able to do it and test it. Otherwise, you could be a ship sailing to an unknown port without a map.
Action #5: Read sources of information to help you understand the process.
I think it’s important for social security disability claimants to know something about the process the government uses to determine whether or not you will qualify for disability benefits. That’s one of the reasons I write articles, blogs, and provide information to disability claimants: It’s a complicated process. You can find valuable information on the Internet and especially on SSA.gov (the home page of the Social Security Administration). These resources can help you better appreciate the process, especially if you are determined to fight for your benefits alone.
Deadly Mistake #7: Failing to disclose your full employment history and vaguely describing your duties.
Sure, you’ve been doing the same job for the last 7 years, and before that you worked for another company for 5 years. Do you remember those? But what about between those two jobs, when he worked with his brother-in-law for 2 weeks and got paid? Social Security will know about every job he had that he paid taxes on, no matter how much. He must think about exactly what jobs he had and what he was required to do at each job and accurately report it to Social Security. This again will go to your credibility if you don’t.
A second part of this mistake is not accurately describing your functions. You can tell Social Security that you drive as part of your job. But for how long at a time? How often each week? These details can have a big impact on the determination of disability. Leaving these details out can be deadly to your disability claim.
Deadly Mistake #8: Not Getting a Disability Lawyer to Help You.
Disability lawyers 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. 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 you can’t win a disability case without a lawyer (actually, many people have), or that a lawyer will guarantee you a win (even the best football teams lose during a given season), but having a well-prepared attorney who knows 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 sound selfish, but doing so can help you best present your disability claim to Social Security. You wouldn’t treat your own broken arm even if you saw a doctor wrap it in plaster of paris and put it in a sling. A doctor can make sure it is positioned correctly and knows precisely how long the arm needs to be immobilized. Similarly, with a Social Security disability attorney, the attorney knows and understands the process, as well as certain strategic moves that can increase your chances of success.
By avoiding these deadly mistakes that can disable your disability claim and taking steps that might help, you’ll have the best chance of getting the SSDI benefits you need to survive.