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WHAT CAN DERAIL YOUR SOCIAL SECURITY CLAIM?

By:  Charles W. Forsythe

The natural result of a Social Security disability application is denial. 

Many of these denials are unavoidable because the process is designed to deny claims, not approve them.  However, many claims are denied because the claimant made mistakes in the application or forms.

The Work History Report.   

After you turn in the original application, Social Security will send you a Work History Report to complete and return.  I admit that this form is a real pain in the neck.  It is also vital to getting a fair decision.  Out of every 100 Work History Reports that I see (after they are filed), about 90 of them are incomplete, contain serious errors or omissions that can get the claim denied.  Most claimants mean well but simply don't know how to complete this form.  They typically fill out the top portion and leave the most important part (on the bottom) blank.

I highly recommend that you let your lawyer or representative complete this form for you--with your input, of course.  It doesn't cost anything extra and it can avoid the minefield of errors that could get you denied.

The Function Report.

The Function Report is also mailed out by Social Security's partner, the Disability Determination Service (DDS).  This is a gosh-awful 14 page form that asks questions about your daily activities:  everything from preparing meals to walking your dog!

The Function Report is so overwhelming and intimidating that most claimants skip over it, or fill it out the way I used to do my Algebra homework--with as little effort as possible.  A terrible mistake!

Again, the Function Report is critical. Knowing what information Social Security is looking for and how to present it can be critical.  There is a right way and wrong way to complete this intimidating form.  You best bet is to talk to your professional representative before you tackle the Function Report.  It doesn't cost extra, only an hour or two of your representative's time.

You may receive other forms from Disability Determination.  Examples include a Seizure Questionnaire, Pain Questionnaire, Drug Use Questionnaire.  

If you have a lawyer on your side, use him or her to help you.  Make an appointment, take these forms with you to his/her office, and complete them correctly.  If you still get denied, ask your representative to file an appeal, which will take your claim higher up in the process for a more careful review.  An appeal is nearly always better than filing a new claim and starting over.  

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