5 GUARANTEED WAYS TO LOSE YOUR DISABILITY BENEFITS

Unfortunately, a lot of people who call me have already lost their disability hearing.  Often, by the time they call me it's too late to help.  There's often a common thread that runs through our conversations.  Here are some common things that I see which will almost guarantee a denial of your Social Security benefits.

1.  Working after your alleged onset date, especially if you had gross earnings of over $1,180 per month. This will always get you a step 1 denial.

2.  Lying to the judge about anything.  I don't know why people do this.  They always get caught.  And chances are, if they had told the truth it wouldn't have hurt their case, anyway.  Claimants may lie about anything but favorite topics to lie about include smoking, drinking, being arrested and not being able to drive.

3.  Quitting work for some reason other than being disabled.  There may be a lot of good reasons to quit your job but Social Security won't pay for most of them.  They only pay a benefit if you stopped working because of a physical and/or mental condition that made it impossible to keep working.  They do not pay for quitting to go to school, caring for a sick child or relative, plant closings, layoffs, moving or family problems.

4.  Failure to get or comply with medical treatment.  The claimant has the burden of proof and that proof must consist of records from an acceptable medical source, which usually means a doctor.  Failure to get regular treatment and medical evaluations will get a claim denied as fast as anything.  I realize many people who can't work don't have insurance or money for doctors.  If you are in that situation, try to find a community free clinic who will treat you.  There are low cost options out there.  My office can provide a list.

5.  Failure to show up for your hearing.  Believe it or not, a lot of people wait 2 years or longer to get a hearing, then just don't show up. When this happens, the judge will most likely dismiss the case.  That means, "Goodbye.  File a new claim if you wish but you will have to wait 2 more years to get a new hearing scheduled."  And judges take very few excuses for now showing up at hearings.  Best advice:  If you have a real emergency that prevents you from attending a hearing, first notify your attorney or representative.  If you are not represented, call the judge's office as soon as you know you won't be able to attend and explain why.  If you have a true emergency, the judge can issue a "Show Cause" order, giving you the right to explain why you had to miss the hearing.  If this is accepted, your hearing may be simply rescheduled within 2 or 3 months and you don't have to reapply and start over.