In a perfect world, each and every individual who is entitled to Social Security Disability benefits would be able to submit a simple and straightforward disability application and be awarded benefits in a relatively short period of time. Unfortunately, we do not live in a perfect world. A number of things can go wrong with a disability application, causing a delay in approval or even the outright denial of a disability claim. If you want to make sure your claim for disability benefits has the greatest chance of success, you need to know what can go wrong. Knowing what can go wrong can help you avoid the common pitfalls associated with disability applications.
Providing Inadequate Information
When submitting a claim for disability benefits, it is crucial that you provide as much documentation as possible to the SSA. Your medical records are going to make or break your disability claim. If you do not have enough documented evidence proving the extent of your disability and how your condition prevents you from performing substantial gainful work activity, your claim for benefits will be denied. Discuss your condition at length with your doctors and make sure they understand your need for disability benefits. Your doctor can help you gather the medical records and evidence needed to qualify for benefits.
Re-Applying Instead of Appealing
Many applicants are upset and surprised when their initial application for disability benefits is denied. The fact of the matter is that most applications are not approved at the initial stage of the claim process. Do not make the same mistake that so many other applicants make and try to re-apply for benefits rather than filing an appeal of your denied application.
Unless your initial application for benefits had been missing some vital information or your condition has suddenly gotten significantly worse, re-applying for benefits is only going to result in another denial and you will find yourself back at square one with the SSA. The truth is that only 30 percent of initial disability applications are approved. Thus, most people are awarded benefits at the hearing stage of the appeal process. Instead of re-applying for benefits all over again, contact a disability attorney to represent you during your disability appeal and have your case heard before an Administrative Law Judge.
Not Communicating with Your Lawyer
It is in your lawyer's best interest to win your disability case for you. He or she will not be paid unless you are awarded benefits. Make sure you communicate with your disability lawyer and provide him or her with whatever information or documentation is required. When your lawyer gives you advice regarding what to say and do at your disability hearing, follow it. Disability attorneys know what it takes to win a disability claim and they truly have your best interest in mind.
Never Lie to Your Lawyer or the Administrative Law Judge
When it comes to disability applications, honesty is the best policy. Never be dishonest with your lawyer and never lie to an Administrative Law Judge (ALJ). Lying to your disability attorney or being dishonest with the ALJ who is hearing your case will likely result in a denial of your disability benefits. In fact, dishonesty can cause you to be denied for benefits when you may actually have been awarded disability payments had you been honest in the first place.
The Bottom Line
The disability application process is anything but simple and straightforward. Fortunately, it is not impossible to navigate. You simply need to keep the above advice in mind and, if your application for benefits is denied, make sure you hire a qualified Social Security attorney. While many things can (and sometimes do) go wrong with a disability application, having the legal guidance of a qualified lawyer can help minimize your chances of experiencing any of the common pitfalls.
Social Security Disability
Social Security Attorney
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