Disability Advice: Common Mistakes in Disability Claims

Social Security Disability Common MIstakes m

 

Social Security Disability Advice


Disability Advice: Common Mistakes We See Made With Disability Claims Handled Without Representation


Giving disability advice to a person who has never dealt with the Social Security Administration can be a bit daunting.  It takes years to learn the ins and out of the system and there are so many directions an application can move.  However, the most common mistakes we see made when applying for Social Security Disability are not completing an application thoroughly, not applying for the correct program, and not submitting a complete medical history.  The burden of proof in your disability claim rests on your shoulders.  If you don’t do what is expected you could be hurting yourself and missing a fair shot at approval.  You want to give Social Security Disability the entire picture.  If they ask for information don’t give them half of what they request.  Social Security doesn’t have access to your current medical records, in fact, they have very little access to any of the information they request during an application.  You need to paint a picture of your disability claim and why you are unable to work.

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It is not uncommon for clients to come to us with denial letters regarding a previous Social Security disability claim.  We often find that these previous applications are denied because the person did not complete the proper legwork to complete an application appropriately and thoroughly.  The two biggest mistakes that we see on Social Security Disability applications are incomplete information and an incomplete medical history.  Filling out an application completely and carefully will give you a better shot at approval.  When filling out an application, you can do it online by yourself, with someone from Social Security in person or over the phone. The best thing you can do for your claim is to find a Social Security disability attorney that will help you with the application process.  Many firms make potential clients apply on their own before becoming a taking over their claim.  Our philosophy is different; we have found it’s better to apply with our clients rather than cutting them loose and having them fill out the Social Security disability application on their own.

Disability Advice

There are two disability programs that are offered by the Social Security Administration:  Disability insurance benefits (DIB) and Supplemental Security Income (SSI). Disability insurance benefits are based on work credits and eligibility for the program depends on you having worked and paid into the system. Generally if you’re having FICA taxes withheld, you’re paying into the Social Security disability system. Typically it takes five years of paying this tax to be eligible for the program and takes another five years of not working or not paying this tax to lose eligibility.  Supplemental Security Income is based on household income.  Social Security will evaluate all income in a home.  Typically this includes any income or resources that an applicant may have as well as income and resources of that person’s spouse if they are married.  This income can include earned income and unearned income.  Earned income is typically any income that comes from employment.  Unearned income could be from a pension, 401k, stocks, anything that is not from payroll. Social security does have an online tool that can help distinguish which programs that you meet qualifications.  You can also create an account at SocialSecurity.gov that will show you your earnings statements and if you have earned Disability Insurance Benefits.

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Another common mistake that we see is not getting a complete medical history to Social Security.  It is very important during the application process that you list all doctors, hospitals, and clinics where you have received medical assistance.  Social Security will request your records from your doctors, however, they do not have access to your medical information.  It is very important that you tell social security disability where to get your records.  If you do not tell them they will not know where to submit a request. When you complete your application make sure you have the names, addresses, phone numbers, and that dates you saw these doctors so social security disability can request the proper records. You will also be asked to provide what these doctors treated you for, what conditions they diagnosed you with, and what medications they have prescribed for your conditions.

Remember, the burden of proof in your Social Security disability claim is on you.  Don’t rely on Social Security to prove your case for you because they won’t. Social Security will do the least amount of work they can on your case, so make sure that you provide them with everything that they need to approve your Social Security disability claim.

Social Security Disability Alliance Disability

Disability Advice Social Security Disability Common Mistakes

Alliance Disability Social Security Disability Attorneys handling Applications, Denials and Appeals, Hearings for disability claims.

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