Skip to main content

THINGS THAT HURT A SOCIAL SECURITY DISABILITY CLAIM (MAY GET YOU DENIED)

 What are some things that signal difficulty getting SSDI (Social Security Disability)?

1.  A skimpy or sketchy work record.  It's better if you have a history of working at the same job for several years--the longer the better.  It hurts if you have jumped around from one job to another and only stayed a short time with each employer.  

2.  Lack of objective medical evidence.  Social Security will approve or deny your claim largely based on what's in your medical records.  The burden to prove disability is on you--and the best way to prove disability is with your medical records.  By "objective records," I mean those supported by examinations, laboratory tests, X-Ray or imaging studies or personal observation on examination by a doctor. Without this you have allegations of a disability but no proof.

3.   Not having an attorney or advocate to represent you.  No matter what you think of attorneys, they exist for a reason.  The fact that so many attorneys make their living practicing Social Security disability law tell you something.  Lawyers win disability claims and people seek them out because of it.  Most judges will recommend that the claimant obtain legal counsel before holding a hearing.  The Government Accountability Office (GAO) finds that you are nearly 3 times more likely to be approved for SSDI benefits if you are represented.  

4.  Lack of cooperation.  If you fail to show up for an appointment, miss a scheduled medical exam, fill out forms late or improperly, or in any way fail to cooperate with the Social Security Administration (SSA) you are writing your own denial letter.

5. Failure to comply with medical treatment.  Examples of this would include:  failing to take prescribed medications,  missing doctor's appointments ("no shows"),  or declining medical treatment when it's offered.

6.  Working at substantial gainful activity after your alleged onset date (the date you claim to have become disabled).  When I started practicing decades ago, I looked up Social Security's definition of "substantial gainful activity."  True to government gobbledygook, they defined it as "work which is both substantial and gainful."  That helps.  Simply put:  in 2024 you are engaged in substantial gainful activity (SGA) if you earn at least $1,550 per month (before tax) from a job or self employment.  If you earn wages, commissions, salary or self-employment income at that level, you will receive an automatic Step 1 denial.

 

Comments

Post a Comment

Popular posts from this blog

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...
Post a Comment
Read more

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...
Post a Comment
Read more