Mistake #1: Assuming which what SSA tells you is true.
Unfortunately, some of the advice Social Security Administration (SSA) employees provides towards the public is incorrect. So in the event you aren't pleased with what SSA advised you over the telephone, you will end up being glad to understand it may not become precise. The situation is, many human beings have advised me they will did not file a disability claim with regard to years (and went without benefits they deserve) simply because a SSA employee gave them bad information.
Advice: Don't stop on your claim until after you just have reviewed your own case with a disability lawyer. Disability lawyers know more concerning the law than SSA employees and give you correct information.
Mistake #2: Assuming the SSA Administration will approve your own claim.
Not true. Many human beings believe that because they have paid into SSA, their claim should easily be approved when these people apply regarding disability benefits. Many human beings believe it's just a matter of filling out the forms and going through the process. But this particular just isnt true. SSA denies 70 to 75% of first-time claims. SSA denies 82% of claims which are appealed with regard to Reconsideration. Yet, the good news is that when cases are heard before judges, nationwide over half (53%) are approved.
Advice: (1) Appeal every denial within 60 (sixty) days of receipt, (2) build a strong case by understanding what information Security Securityrequires, and (3) make sure to present it properly.
Mistake #3: Assuming the disability forms you fill out will win your case.
Usually they is not going to. Claimants hurt their case by overstating what they can easily do. In most cases, SSA and judges rely heavily on medical records as well as your own doctor, psychiatrist and/or psychologist's opinion regarding your own ability to work full moment. If the determine is not satisfied with you...if he doesn't believe what you are saying...or if he is looking for a reason to deny your claim, he might look with regard to inconsistencies in answers you provided earlier on the forms. Regarding example, if you answer a single way on the form and testify at a hearing to something else, the assess can easily use the answer on the form to undermine your own credibility and support a denial of your claim.
Advice: When completing the forms, end up being honest, correct and brief! You ought to always answer the question in the space provided - do not attach additional sheets of paper or perhaps write in the margins. Also, it is important to assume you are back working full period on a sustained basis (8 hours per day, five days per week) when addressing quiz regarding what you are capable of doing.
Mistake #4: Assuming that your medical and/or psychological signs or indicators will become enough regarding the determine to approve your claim.
Not true. You need detailed medical records that document your own signs or indicators and limitations and specific opinions from your own doctor, psychiatrist and/or psychologist in the event you hope to win your case. Their opinions will only end up being given weight by the assess in the event you just have received continuous and consistent medical medical care. If you are not treating regularly together along using your doctor you are jeopardizing your case!
Advice: It is critical you receive continuous and consistent medical treatment and care which means you can deliver SSA and a judge with current and complete medical records that support your doctors' opinions.
Mistake #5: Assuming your diagnosis will win your claim.
It won't. It's true which SSA needs a diagnosis. But SSA also needs medical proof which your own diagnosis causes limitations that are so significant and severe that they will preclude your ability to work full time on a sustained basis.
Advice: Disability cases are won based on your own limitations, not your symptoms. Produce sure you provide detailed medical records from your doctor that reflect your own symptoms, his diagnosis, and your own limitations.
Mistake #6: Assuming SSA will become persuaded by any type of medical medical care you choose.
It is not going to. You may choose any alternative therapies and holistic treatments you desire. After all, you ought to do whatever it takes to try to get better. However, be aware that SSA and judges are most persuaded by mainstream doctors (M.D., D.O., psychologists) and how you respond or even fail to respond to mainstream medical care. In the event you are not taking medications or are not receiving mainstream medical care by a mainstream doctor, you may be jeopardizing your claim.
Advice: To win your claim, try to exhaust every medical treatment your mainstream doctors recommend, which means you may prove which in spite of doing so, you continue to end up being unable to work full period on a sustained basis.
Mistake #7: Assuming your own loved ones doctor's opinion is the only a single you need.
This can not be a good choice depending upon your own diagnosis. If your diagnosis is usually created and treated by a specialist (M.D., D.O., Ph.D), you need to treat with both a board certified specialist and your own loved ones practitioner. From a legal standpoint, you want to show the judge your diagnosis is accurate and that you're receiving the best possible treatment. You have a more robust case when your own doctor is a specialist who is skilled and experienced at treating human beings who just have your problem. Social Security law generally gives more weight to the opinions of a specialist than a general practitioner. Being a result, SSA and the assess will look more closely at the credentials of those doctor who is providing the opinion.
Advice: Acquire your own medical medical care from a specialist because the more skill and feeling your own doctor has, the more likely you are to win your claim. Note: In the event you are a member of an HMO and they wont make you go to a specialist, consult with your disability lawyer, who may help you acquire appropriate treatment.
Mistake #8: Assuming your own doctor will support your claim for disability benefits.
He can not. Some doctors refuse to help patients with their disability claims. Many doctors do not understand SSA's definition of disability and feel that one has to end up being bed ridden to qualify. In general, doctors are incredibly conservative in their opinion concerning a patient's ability to work. Because SSA and a assess will want to understand if the doctor supports your own claim, it is critical you understand the same information! After you just have established a relationship together along using your doctor you need to discuss with them the fact that that you have filed a claim with regard to disability. Ask if these people will support your own claim - if these people is not going to, you need to consider finding another doctor because their opinion is not likely to change! It is critical your doctor supports your inability to work full period on a sustained basis!
Advice: As soon as practicable, you need to discover whether your own doctor supports your own disability claim. If not, consider finding a more compassionate doctor who will. One place to find a referral is to attend a local support group regarding individuals who share your diagnosis.
Mistake #9: Assuming you gotta go to SSA's doctor regarding a medical examination.
Often, SSA wants to a claimant to go a disability research with a doctor/psychiatrist/psychologist it chooses. Unfortunately, the doctor isn't quite "independent" and probably performs many of these examinations for SSA each month. In my experience, the majority of these time the doctor will conclude you are not disabled and will return to work. Once this particular opinion is included withwith your file SSA and a determine will just have sufficient evidence to deny your claim.
Here's the excellent news: SSA rules allow your doctor perform the disability exam and SSA should pay with regard to all or at least part of it. Naturally, in case your doctor supports your own disability claim he will certainly conclude your situation precludes your own ability to work. Once your own doctor's exam report is inside your file with a conclusion that you're disabled, SSA and a assess can simply have sufficient medical information to approve your claim.
Advice: This kind of strategy is only possible in the event you are specific your doctor supports your own claim and is willing to do the examination. If you do not simply have a doctor or even your own doctor will not perform the study you must go to SSA's doctor or perhaps risk having your own claim denied or even closed out. This particular strategy really should only be employed by a disability lawyer because complex regulations are involved and have to be complied with.
Mistake #10: Assuming an entire year has to pass before you can easily file a disability claim.
Not true. SSA law requires that before you can be approved one of those following have to be true: (1) you just have already been disabled and out of work with regard to one year, or (2) your own doctors expect which you will be unable to work regarding a minimum of 1 year with the date you last worked, or perhaps (3) your own medical situation is expected to result in passing away. Too many people simply have advised me which an SSA employee said they could not file a claim until one year had passed since they last worked. This particular information is totally incorrect and if followed, will almost certainly cost you disability benefits and medical insurance!
Advice: Apply for disability benefits as soon since you or your own doctors believe your medical and/or psychological situation will preclude you from working regarding at least a single year. Waiting to file will only cost you benefits which you may not become able to recover.
Mistake #11: Assuming that if you lose before a assess at a hearing, you may simply file another claim.
When you have a hearing before a SSA assess, you do not want to lose. This is because, practically speaking, your own perfect chance at winning is at your first hearing before a determine. True, you can easily file a second application in the event you lose at a hearing; however, the second moment you go through the process, SSA and a judge will know your own first claim was denied. In my opinion, this kind of can just have a detrimental reaction on your own 2nd claim as the second assess will know.
Advice: Make sure your case is properly prepared so you can display your own strongest case at the first hearing.
Mistake #12: Assuming you may handle your own case without a disability lawyer.
Most human beings can't. SSA disability laws are complex, even many lawyers do not know them. To win your claim, you need to really carefully prepare your own case from the really beginning. In addition, it is critical to understand everything you need to prove legally if you wish to win your case; in the event you do not know what you need to prove - why would you risk going before SSA or a determine without knowing how to win your case? The fact that that you and your doctor agree you're disabled isn't enough to win your own case.
Advice: Retain only an experienced disability lawyer. They will will help build your case, develop a case strategy, obtain a complete set of your medical records and critical opinions from your doctor which will maximize your possibilities of success. More frequently compared to not, your doctor is not going to end up being familiar with the stringent criteria which SSA and a determine will utilize in determining whether you meet their definition of disability.
Mistake #13: Assuming any lawyer can easily help you win your claim.
Not true. You want a disability lawyer who is familiar with SSA laws and regulations. Comparable to doctors, attorneys commonly specialize in a specific area of these law. You wouldn't go to a dentist regarding a physical research, so do not pick just "any" attorney to represent you withwith your disability claim.
Advice: Choose a disability lawyer who's practice is dedicated to representing clients because your own odds of winning will increase. A seasoned disability attorney will know the strategy and tactics that are crucial to helping you win your own claim.
Mistake #14: Assuming you need to not hire a lawyer until your case has initially been denied.
Not true. You may hire a lawyer any kind of period you wish. Unfortunately, many employees at SSA will inform you that it isn't essential to hire an attorney until you simply have been initially denied. Following this particular advice could end up being fatal to your own claim! Why? Because in general, SSA will begin preparing a case against you of the day you file your application!
Advice: You need to consult with and/or hire a disability attorney as soon as possible after you file your own application. The attorney can easily explain how the process really works and lay the proper foundation for your own case by developing a case strategy. The attorney may also guide your case through the myriad of rules and regulations that are certain to simply have an reaction on your own entitlement to benefits.
Mistake #15: Assuming which you can't afford a lawyer.
Not true. In almost every case, you'll only pay the attorney a fee if and whenever you simply have won your own case and received benefits. SSA law limits the amount of money your lawyer can easily earn from your own disability claim. Generally, by the time you win your own claim you'll simply have accrued back benefits. The law mandates the fee can easily only end up being 25% of your past benefits and is capped at $4,000. In other words, if your back benefits total $1,000.00, the attorney's fee would end up being $250.00. The law does not allow your lawyer to charge a fee on your future benefits.
What may end up being at stake? By way of example, assume a claimant is 45 years old and their monthly disability benefit is $1,000.00. If the human never returns to work before age 65, their disability benefits would total $240,000.00! This kind of amount does not include the value of those lifetime health insurance they will would also receive through Medicare or perhaps Medicaid.
Advice: Because the amount of the benefits can easily be staggering, the truth is, you can not afford not to hire an experienced disability attorney!