Filing a claim for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability benefits can be long and complicated. The Social Security Administration will require you to complete an application and fill out multiple questionnaires. It may even send you to an independent medical provider for their opinion on whether you qualify for disability benefits. You can improve your chances of being approved for Social Security disability benefits by avoiding the common mistakes that most claimants make.
Common Mistakes To Avoid In Your Claim For Social Security Disability Benefits
Here are the top 10 mistakes Social Security disability claimants make (and that you should avoid) during the Social Security disability benefits application and appeal process.
Failure To Allege All Impairments On Your Application
Failing to allege all of your severe impairments while filing your application for benefits, including mental conditions, is one of the most common mistakes made when a person is filing a disability benefits claim. Some claimants will have multiple conditions contributing to an inability to work, but they only list their most severe condition on the application for disability benefits.
You should list all of the physical or mental conditions (including emotional or learning problems) that are related to your ability to work, not just your most severe conditions. Social Security will evaluate all of your conditions. If you have already made this mistake, you can also list your additional conditions on any appeals that may be necessary.
Not Obtaining Treatment or Failing To Follow Doctor’s Orders
Another common mistake is failing to obtain treatment or failing to follow your physician’s recommended treatment plan. Failure to receive medical treatment means there will be few medical records to support the claim, and the SSA may determine that you are not disabled since you do not require regular treatment.
It is also essential that you follow your doctor’s recommended treatment plan. When you fail to follow the treatment plan recommended by an attending physician, you are considered “non-compliant.” Your non-compliance will be noted in the medical evidence. You will have the best chance of winning your disability claim if you can testify that you continue to suffer from a severe impairment despite doing everything your healthcare provider has asked of you.
Failure To Switch Doctors When Your Doctor Does Not Support Your Claim
Your doctor needs to have a good understanding of your symptoms and limitations and how those symptoms and limitations prevent you from working. If you believe that you are disabled and your doctors do not support your disability claim or will not fill out paperwork in support of your claim, then you should seek out different medical providers.
You may be worried that this will be considered “doctor shopping.” When we talk about doctor shopping, we are not talking about people looking for a second opinion on a diagnosis or seeking a medical provider willing to complete a Residual Functional Capacity form. We are talking about people who spend time searching for doctors who agree with them on their diagnosis and often will prescribe them the medications that they request.
An example of this would be a person who thinks they have rheumatoid arthritis, but their primary care doctor says they do not. If this person continues to consult with multiple doctors until they get a rheumatoid arthritis diagnosis, this would be considered doctor shopping.
Drug and Alcohol Abuse
Abusing drugs and alcohol is a problem because the Social Security Administration may deny disability benefits if it finds such use is a “material contributing factor” to your disability. You or your attorney will need to prove that you are disabled as a result of your medical conditions and that any drug or alcohol abuse does not contribute to your disability. Treating the underlying substance abuse disorder may also improve your chances of being approved to receive a monthly disability benefit.
Working Full-Time
This should be obvious, but some claimants apply for benefits while working full-time. If a claimant earns a certain amount of money per month, they may be considered to be gainfully employed and thus not eligible for benefits. To learn what the Social Security Administration considers “substantial gainful activity” (SGA), see our article on the SGA earnings limits for disability.
While seeking disability benefits, your situation may change, causing you to reduce your work activity or stop working altogether. If so, be sure to provide updated information to the SSA. If your claim is denied, provide updated information during the appeals process.
Collecting Unemployment
Another one of the most common mistakes in an SSDI claim is filing for unemployment benefits. When filing a claim for unemployment benefits, you must indicate that you can work but cannot find work. However, this statement directly contradicts what you would claim in a Social Security disability claim: that you cannot work due to your symptoms and resulting limitations. You cannot claim that you are both capable of work and disabled.
Failure To Check the Status of Your Disability Benefit Claim
You must check the status of your claim to ensure your file hasn’t slipped through the cracks or been buried on a desk at your local SSA office. There have also been cases where the SSA sent denial letters to the wrong address by mistake, and the claimants had no idea that their claims had been denied, that it was necessary to file an appeal, or how to start the appeals process.
Missing Appeal Deadlines
If your claim is denied, you have 60 days from the date you received the denial letter to file an appeal. As a general rule, the SSA assumes that a claimant receives the letter five days after the date of the letter. You may have to start the process over if you miss your appeal deadline.
If you have a good reason for missing your deadline, the SSA may allow late filing of the appeal. If not, you must submit a new application for benefits. The best practice is to make sure any appeals are filed within 60 days from the date of the denial letter.
Failure To Properly Prepare for Hearings
One of the most critical aspects of preparing for a hearing is obtaining medical evidence demonstrating that you are disabled under SSA law. The judge will also ask questions about your educational history, past work, and limitations, so be prepared to discuss these topics.
At the Ortiz Law Firm, we take hearing preparation very seriously. Each client receives free access to our Disability Academy online training program, which includes over 5 hours of video content to help prepare you for your disability hearing. We also schedule a pre-hearing conference so that you can discuss your claim with your attorney before the hearing.
Assuming You Cannot Afford To Hire an Attorney
Many claimants think that they cannot afford to hire an attorney who is an expert in disability law, but that is not the case. In most situations, you will not have to pay attorney fees upfront. Most attorneys that practice in this area of law use contingency fee contracts, meaning they only get paid if your claim for benefits is successful.
Most attorneys will only collect a fee equal to 25% of the past-due benefits awarded by Social Security (up to a maximum of $7,200), so you do not have to worry about owing more than you receive in benefits. You can also read our full report on how disability attorney fees work.
Schedule a Free Case Evaluation with the Ortiz Law Firm
The experienced legal team at Ortiz Law Firm is ready to fight for the benefits you deserve. We represent Social Security disability claimants nationwide and accept claims at each stage of the trial phase, including initial applications for benefits, requests for reconsideration, and hearings before an ALJ. Led by Social Security disability lawyer Nick Ortiz, our firm will help you obtain the disability benefits you have been seeking. Contact our office online or call us today at (888) 321-8131 to schedule a free case evaluation.
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