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8 Deadly Mistakes That Can Disable Your SSDI Claim and 6 Actions That May Help You Win!
Applying for and receiving Social Security Disability Benefits (SSDI) can be a frustrating and confusing process. Did you know that almost 70% of claims are denied initially? It’s amazing. While there is no surefire way to guarantee that you will receive SSDI benefits, this article outlines some common mistakes made by Louisiana SSDI claimants. Also included are some actions you can take during the process to give your Social Security Disability claim the best chance for approval.
Fatal Mistake #1 – You take “no” for an answer.
The truth is that about 70% of initial Social Security disability applications are denied. If you take “No” or “Refused” for your answer, you lose your right and the ability to appeal your denial. Statistically, Social Security disability claimants do much better on appeal to an administrative law judge (and then the courts) than on initial review. You must be persistent, patient, and willing to say no, or decline, and then move on to the next step.
Action #1 – Appeal each denial and reapply if necessary.
Don’t take NO. If you believe your medical record and functional limitations qualify you for disability, don’t give up. Keep fighting denials by appealing them until you can no longer appeal them. If you miss an appeal, or if your limits increase further after you’ve made a final decision on a previous claim, reapply.
Fatal Mistake #2 – You file an incomplete disability application.
Many Social Security Disability claimants fail to provide all the information or documents needed to properly review their file. Sometimes, it’s not your fault, but your doctor’s or medical facility’s fault. But either way, the result is the same, failure to provide all the necessary information and records, and make sure your doctor does so, can kill your SSDI claim.
Fatal Mistake #3 – You fail to disclose all medical conditions or injuries.
Some SSDI claimants will only tell Social Security about their most obvious medical problem — for example, back pain — but not about other medical problems they’re having, especially mental health problems — like depression. The fact is that when examining your claim, Social Security needs to determine how all of your medical conditions affect your ability to work. If you don’t tell them about all your problems (no matter how minor each problem is), they will judge you only on your main problem.
Action #2 – Disclose all medical conditions and limitations – physical and mental.
Social Security must determine how all of your medical limitations affect your ability to work in order to determine your disability claim. So you have to tell them about all your problems. Your knee that shuts up and hurts for 20-30 minutes is as important as your heart failure after 20-30 minutes of strenuous activity. Your inability to maintain personal relationships and seek guidance from supervisors may be just as important as your back pain. Tell Social Security about all your defects.
Fatal Mistake #4 – You wait too long to appeal a denial of disability benefits.
You have 60-days from the date of your denial to appeal the next step in the process. This is true with every relevant negation. Missing the 60-day window to appeal can result in the end of your disability claim. Now you can apply again, but you have to go back to the beginning of the line.
Action No. 3 – Appeal within 60-days.
Social Security laws and regulations give you 60-days from the date you receive the denial to appeal. When determining the day you received a denial letter, Social Security rules assume you received it 5 days after the date. To make life easier, if you believe the denial was in error appeal, as soon as possible after you receive the letter. You can appeal online at http://www.ssa.gov or by calling your local Social Security office. You don’t want your valid disability claim to be denied because you failed to file your appeal within 60-days.
Deadly Mistake #5 – You exaggerate your limitations or speak in absolutes.
Some SSDI claimants will tell Social Security – “I can’t sit” or “I can’t walk”. For most disability claimants, this is not true. You may sit for a while or walk a short distance. (I admit that there are some people where this is the absolute truth, but not for most.) When you say things like that, the examiner gets a bad impression of you because in most cases it’s not true. What happens when examiners give you a bad impression and question your credibility? You get rejected. Be truthful.
Action #4 – Be truthful and tell Social Security the details.
You can never go wrong with the truth. Truth is important to your Social Security disability claim. While we don’t want to exaggerate our limitations by speaking in absolute terms, we also don’t want to underreport our abilities. Good responses include “I can hold a gallon of milk and walk with it 10 feet before putting it down” or “I walk to my mailbox to collect my mail. 30 feet. Before I go back, I need to rest at the mailbox for a few minutes to regain my strength.” will have to.” Responses that accurately describe your true limitations and provide concrete details allow the examiner to effectively assess your limitations. Remember that these examiners have heard it all and heard it all. They are very adept at spotting exaggerations and falsehoods. If they feel that you will lose credibility with them, which is important.
Fatal mistake no. 6 – You approach the SSDI process without understanding it.
For many people, the only experience you’ll have when applying for disability benefits is when you have to do it yourself. Do you know exactly what you are trying to prove? A lot of people don’t. Often, disability claimants feel that all they have to do is prove that they have some sort of medical condition and that they should win. This is not correct. You need to know what you need to do and prove in order to do and prove it. Otherwise, you may be a ship sailing into an unknown port without a map.
Action #5 – Read information sources to help you understand the process.
I believe it is important for Social Security Disability claimants to know something about the process the government uses to determine whether you qualify for disability benefits. This is one of the reasons I write articles, blogs and provide information to disabled applicants – it’s a complicated process. You can find valuable information all over the Internet, and especially at SSA.gov (the Social Security Administration’s home page). These resources can help you better appreciate the process, especially if you’re determined to fight for your benefits alone.
Fatal Mistake #7 – Failing to disclose your complete work history and vaguely describing your duties.
Sure, you have been doing the same job for the last 7 years and before that you worked for another company for 5 years. You remember them. But what about between those two jobs, when you worked with your brother-in-law for 2 weeks and got paid. Social Security will tell you about every job where you paid taxes — no matter how much. You need to think about exactly what jobs you’ve had and what you were required to do at each job, and accurately report it to Social Security. If you fail to do so, it will again affect your credibility.
The other part of this mistake is not accurately describing your duties. You can claim Social Security while driving as part of your job. But how long at a time? How many times each week? These details can have a major impact on the disability determination. Omitting these details can be fatal to your disability claim.
Fatal Mistake No. 8 – Failing to Get a Disability Lawyer to Help You.
Disability attorneys are familiar with the complex rules and regulations of Social Security. They know what medical records are needed to prove your diagnosis and what questions to ask your doctor to help prove your limitations. why They know the role a professional expert will play during your hearing. Have you heard of a professional expert? Do you understand what they are trying to do? I’m not saying that you can’t win a disability case without an attorney (in fact, many people have), or that an attorney will guarantee you victory (even the best football teams lose any season), but a well-prepared attorney who knows the opponents’ game plan will help you succeed. Knows that can be kept in position.
Action #6 – Hire a Disability Benefits Attorney.
It may seem self-serving, but doing so can help you present your disability claim to Social Security in the best possible way. You wouldn’t treat your broken arm even though you’d seen a doctor wrap it in plaster of Paris and put it in a sling. The doctor can make sure it is set correctly and know exactly how long the arm needs to be immobilized. Likewise, with a Social Security Disability attorney, the attorney knows and understands the process as well as some strategic moves that can increase your chances of success.
By avoiding these fatal mistakes that can disable your disability claim and taking actions that can help, you’ll give yourself the best chance of getting the SSDI benefits you need to survive.
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