Ten Social Security Disability Mistakes
Everyone makes mistakes, but in some arenas, there isn’t much room for error. Social Security Disability is one of them.
Obtaining benefits can be difficult. The process is often long and frustrating, and the stakes are high. One misstep and your claim could be delayed or denied, thwarting your chances for a much-needed financial lifeline.
In an effort to improve your chances of success, the Disability team at McDonald Law Firm wants to help you avoid these 10 Social Security Disability Mistakes:
Waiting too long to apply.
Many people wrongly assume they cannot apply for Disability benefits until they have been out of work for a year. Not true. If you are expected to be out of work for at least a year, you may qualify for benefits. Because the process can take a long time ― and because there is a five-month waiting period before you can receive cash benefits ― it is in your best interest to file a Disability claim as soon as you are unable to work. People who wait too long may also lose retroactive benefits. Don’t delay. Time is money.
Collecting unemployment while waiting on disability.
This is a dicey area. Unemployment benefits are for people who are ready, willing and able to work but can’t find a job. Social Security Disability is for individuals who are sick or injured and unable to work. The two are contradictory. Making conflicting claims to government agencies can send up a red flag and is generally not a good idea. You could lose your unemployment benefits, ruin your chance for obtaining Social Security Disability ― or worse, face legal trouble. Although there are exceptions, your best bet is to collect one or the other.
Making too much money.
If you are still working a limited amount, you won’t necessarily be denied Disability benefits. However, if you are able to perform “Substantial Gainful Activity” and you earn too much money ― the magic number in 2016 is $1130 per month ― you will not be considered for Disability benefits.
Lying or exaggerating.
You will be required to give information about your medical condition during every stage of the process. Social Security will compare your information with your medical records and other documentation to make sure you are telling the truth and not exaggerating. For example, if you are asked about your daily activities, don’t say you are bedridden if you are not. It’s imperative that you are honest and forthcoming, otherwise your credibility will be called into question. That’s never a good thing.
Posting damaging information on social media.
If you are applying for Social Security Disability benefits, you should definitely think before you post. Facebook pictures depicting a big vacation, a skydiving adventure or partying with friends at a sporting event will not help your case. Likewise, making seemingly innocent comments such as, “Enjoying some downtime while I await my monthly Disability check,” is also not advisable. Even though the Social Security Administration prohibits disability examiners and Administrative Law Judges from independently searching claimants’ social media sites, that doesn’t mean it doesn’t happen. Err on the side of caution.
Failing to get adequate medical treatment.
If you haven’t seen a doctor and aren’t receiving treatment, you face an uphill battle getting Disability benefits. Social Security is unlikely to find you disabled if you aren’t seeing a doctor who can back up your claims with medical records.
Failing to appeal ― or missing the appeal deadline.
The sad truth is that most claims ― more than 65 percent ― are rejected during the initial application stage. Unfortunately, many people don’t realize they have the right to appeal, nor do they know there is a strict deadline for when their appeal must be filed (60 days from the date of your denial later). Instead, they either give up or file their application over again. These can be very costly mistakes. Your chances for approval actually go up if you appeal a denied Disability claim.
Failing to prepare for your disability hearing.
In all actuality, your best chance of winning your Disability case is during your first Disability hearing before an Administrative Law Judge. By the time you get to this point, you have already had a couple of setbacks and months have probably passed with little or no income. There is a lot on the line and it’s imperative that you are adequately prepared. Make sure you have reviewed your case file, have gathered up-to-date medical records, and are prepared to answer questions about your condition, treatment, work history, and limitations. Make sure you dress appropriately. Don’t wear dirty, ragged clothes in an effort to appear down-and-out. The Judge may think you don’t respect the proceeding.
Not hiring an experienced disability attorney.
Many people try to handle their case without a Disability lawyer and get denied quickly. Social Security Disability laws are complex and most people don’t know how to navigate the system. To win your claim, it’s best to build a strong case right from the start. An experienced Disability lawyer knows exactly what Social Security wants and how to get the necessary information to substantiate your claim. They know the tricks, the traps and the pitfalls. They can help you through the every stage of the process and, if you have to go before an Administrative Law Judge, they will represent you during that hearing and make the appropriate legal arguments. Having an attorney will undoubtedly increase your chances of success.
Assuming you can’t afford an attorney
Many people are reluctant to hire an attorney because they wrongly believe they can’t afford one. Social Security Disability attorneys work on a contingency fee basis, which means they only collect if they win your case. Even then, the Social Security Administration (SSA) puts a cap on the amount a lawyer can charge, which is up to 25 percent of your past due benefits or $6,000, whichever is less. The SSA usually takes care of paying your lawyer by extracting their payment from your back pay, so you never pay anything up-front. The amount that goes to an attorney will be small compared to the amount you will likely receive in Disability benefits during your lifetime. How can you afford not to hire one?
Don’t jeopardize your Disability claim by making common Social Security Disability Mistakes. To avoid these pitfalls and others, contact the Disability team at McDonald Law Firm. Our dedicated team of attorneys and professionals will properly prepare your claim and handle anything that comes up along the way. We have helped thousands of people throughout the country obtain much-needed Disability benefits and we can help you, too. Call us today at 877-568-8413.
