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.

 

Labels:

Comments

Post a Comment

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...
Post a Comment
Read more

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...
Post a Comment
Read more