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

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...