Skip to main content

3 BIG MISTAKES WHEN APPLYING FOR SOCIAL SECURITY DISABILITY

1.  WAITING TOO LONG TO APPLY:

Social Security Disability Insurance (SSDI) only covers you for a limited time after you stop working. If you haven't worked in the last 5 years, you may have waited too long to file a new SSDI claim. Talk to a disability attorney or the local Social Security office to find out.

2.  GIVING UP.

About 7 out of 10 applications for disability are denied.  Being denied doesn't mean you are not qualified for benefits, it means the system has failed you.  Many of these denials are in error and can be won with an appeal.  Never accept a denied claim as the end of the line.  Your best chance still lies ahead--in the appeals system. Contact an experienced attorney/advocate and file a written appeal. You will need to file the following forms:

  1. A Request for Reconsideration form (Form SSA-561) if this is the first appeal; or Request for Hearing form (Form SSA-501) if this is your second appeal on this claim.
  2. A Disability Report – Appeal -- form (Form SSA-3441)
  3. An Authorization to Disclose Information to the Social Security Administration form (Form SSA-827)

 

3.  REFUSING HELP.

No one can be an expert at everything.  Fortunately, there are professionals trained in Social Security disability who can help with your denied claim.   These experts can help you obtain additional medical and/or vocational evidence, determine if you can meet a Listing or grid rule, and represent you before an administrative law judge.  Only an authorized representative with the Social Security Administration can guide you through the appeal process.

If you have dependent children, each of them may receive a Social Security benefit to help them. Do the right thing and call for help with a FREE disability consultation.

_________

Charles W. Forsythe, The Forsythe Firm, Huntsville, AL.  Call (256) 799-0297 for a free consultation with no obligation.

 

Comments

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...

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...

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:  ...