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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.

 

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