More than two million people apply for Social Security Benefits in the U.S. every year. Unfortunately, about a third of these applications are denied at the first stages of the application process. Usually, the denial is because of errors on the part of the applicant. If you want to increase the possibility of your application getting approved, you will want to avoid these five common mistakes.
Applying for the benefits too soon
For you to qualify for disability benefits, your disabling condition should be expected to last for a year or more. If you apply for SSD shortly after leaving work, it could be harder to attest that you have a long-term or permanent disability. The social security officer might assume that your condition will improve before qualifying for the benefits you are applying. Therefore, only apply for disability benefits after establishing that the disability will last for 12 months or more.
Filing for disability benefits while still working
Social security laws require you to show that you are disabled to the extent that you cannot participate in substantial gainful work activity. You should prove that you will remain disabled from all kinds of gainful employment for a year or more. If you show the potential of earning lucrative wages, the social security administration may assume that you are making less income purposefully to qualify for benefits. The administration may also conclude that you can increase the number of working hours. Remember that the standard is not whether you are earning gainful wages, but whether you are capable of earning such wages. It is for this reason that you should sometimes avoid work when applying for SSD.
Not abiding by the prescribed treatments
Sometimes Social Security Disability applicants fail to take medication, fearing that the treatment will interfere with the severity of the condition. They feel that if they get well, they will not receive the benefits they need. Any qualified Social Security Disability lawyer will advise applicants to abide by their treatment schedule. When a Social Security officer is examining your claim, they will review your medical history. The examiner will check whether you have been under treatment and how you have responded to the medication. Your disability benefits claim might be rejected if you have not been following the doctor’s orders to take medication.
Assuming that examination will offer enough proof
Some applicants start the process before they obtain sufficient medical evidence to support their course. They do so, hoping that the advisory exam undertaken by the Social Security Administration will offer enough evidence to prove their disabling condition. Unfortunately, consultative examinations rarely provide enough proof of the applicant’s disability. The review is meant to be used as a backup to your supporting evidence. It helps decide whether your claim should be approved or denied.
Failing to get legal representation for your appeal
In case your initial application is denied, the law allows you to appeal. If you were denied benefits during the first attempt, it’s recommended that you hire a Social Security Disability attorney during your appeal. When you have proper legal representation, your chances of qualifying during the appeal process increase significantly. Most people forgo hiring a lawyer because they feel it is too costly. Fortunately, Social Security Disability lawyers often work on contingency basis. This means that they only receive payments upon approval of your Social Security Disability benefits. The client and the lawyer negotiate the amount payable beforehand. In case your initial claim is denied, consider hiring David Kohm and Associates.
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