TOP 10 SOCIAL SECURITY DISABILITY MISTAKES
1. Trying to file when you haven't worked enough. You must have worked enough to accumulate the minimum Quarters of Coverage. Without the required work history, your claim will automatically be denied. And this type of denial can't be successfully appealed. Check this with the Social Security office before you begin an SSDI claim. The question you need to ask: "Do I have enough work credits to support a new Title 2 claim?"
2. Filing a claim while you are still working. If you work enough to earn substantial wages, you will be given a denial at the first step in the process. In 2018, wages of at least $1,180 per month will get you denied. You must stop working or reduce wages to below the maximum before filing.
3. Alleging an onset date in the past but Social Security finds that you were still working on that date. For example, you allege disability began on 4/14/17 but you were still at working at substantial gainful activity (SGA) on that date. You should amend your alleged onset date to a later date after you stopped earning SGA wages.
4. You have a serious condition but it isn't expected to last at least 12 consecutive months. Short term disabilities that won't last for at least 1 year are not covered unless they are expected to end in death.
5. Failure to get your own doctor's support. Your doctor knows you better than anyone. He or she can give you a form called a "medical source statement" that can help you get approved. You have to seek out this from your doctor; Social Security won't do it.
6. Depending on Social Security's doctor to help you will always let you down. They have consulting doctors that often do examinations for persons who file claims but lack medical evidence from their own doctors. These exams seldom help get a favorable decision and most often doom the case to a denial.
7. Failing to get medical treatment is a big mistake. Social Security bases its decision on what is in your medical file. It is crucial to have consistent treatment from your doctor(s). Claiming to have a disabling impairment without medical evidence for it is a waste of time. For many conditions, treatment by a medical specialist is a really good idea. By the way, nurse practitioners are not considered acceptable medical sources by Social Security. They want a doctor (MD or DO). Records from a nurse practitioner won't take you very far with Social Security.
8. Waiting too long to file a claim can hurt you. Every worker's Social Security disability coverage comes with a "Date Last Insured," which is the time limit for filing a new claim. When you stop working, for any reason, your Date Last Insured begins to creep up on you. Don't wait too long to file an SSDI claim or you may find yourself uninsured at Social Security.
9. Failure to file an appeal in a timely manner. Up to 70 percent of SSDI claims will be denied at the first stage. It's just expected. You have 60 days to file an appeal. After 60o days passes and you do not appeal, the claim is dismissed and can't be reinstated in most cases. Don't let the 60 days pass. (Appeals are where most cases are won).
10. Failure to get legal representation. Social Security is one of those places where you may represent yourself. However, this is a really bad idea. There are complex books of regulations that govern Social Security disability. You need someone who knows the system and understands how to get cases approved. You only pay your representative if you win and if you collect past due benefits. Social Security will deduct the amount of the fee you have agreed on and pay the representative directly. There are reasonable maximum fees set by Social Security and you will never pay more than these amounts by law. You never have to pay anything up front.
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THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE: OUR WEBSITE
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