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Lund Law Carolina
Lund Law Carolina

Call Us Now For A Free Consultation

(704) 412-4773

Common Mistakes Made When Applying For Social Security Disability Benefits

In this article, you will learn:

  • Options you have if your claim is denied
  • Chances of winning benefits at various stages
  • The benefits of hiring a lawyer

The most common problem that we see in potential clients is that they that don’t understand the definition of disability with Social Security. Issues arise from people who are clearly able to do other jobs, and from situations where the focus of a client’s discussion with their doctor is all related to their inability to do the one job they were doing before as opposed to addressing the broader question of disability.

What To Do If A Claim Is Denied

You generally have just 60 days to appeal a denial from Social Security. This is consistent from the initial and reconsideration decisions, as well as for denials from an Administrative Law Judge. If you receive a denial, what do you do? File your appeal as soon as possible. If you miss the appeal deadline, Social Security may make you start all over again. It is crucial that those individuals filing for disability speak with an attorney to help make sure they know their rights.

Your Ability To Appeal If Social Security Disability Benefits Are Denied

Absolutely, appeal. Don’t wait. The more time that passes, the more you are going to wait. So, unless you are ready to go back to work and haven’t already been out of work for at least 12 months, it makes sense to appeal your denial. Even for some people who have considered the option of going back to work or even attempting to go back to work, it may make sense to appeal the decision until they are clear on the fact that they are going to be able to go back to work and sustain that job.

The Chances Of Getting Approved At The Reconsideration Level

The lowest percentage is at reconsideration. The 2019 statistic I pulled showed that nationally, 13% of the cases at reconsideration were approved, and 87% of them denied. A lot of those can be from Disability Determinations Services not seeing new documentation or from the client not notifying Disability Determinations Services about all the health issues that are impacting them. This is especially true if there has been a change in condition over the course of the application.

Why To Hire A Lawyer To Apply For Disability

It’s not a requirement to have a lawyer for this process. However, a skilled attorney can help you get your claim approved earlier in the process, and can also help you avoid some of the pitfalls that can come back to haunt you later in the claim. My ideal client is somebody that we can get from day one, because I know what goes into the file for the whole time, and I don’t have to worry about some things that have maybe been skipped or documentation not being complete in their early record. Some of these things can make it more difficult later on if we have to go in front of a judge to get a claim approved. So, while having an attorney is not required, it is definitely recommended.

Why Your Doctor Diagnosing A Disability May Not Guarantee You’ll Qualify For Social Security Disability

It is important for your doctor to note a clearly established diagnosis, as well as how they came to that diagnosis. So, the diagnosis should be clear when another medical professional reviews the medical records. Also, it’s helpful for the doctor to provide an opinion on what your actual limitations or difficulties are from these health conditions. A simple statement from your doctor that you are disabled, may not be particularly helpful. Providing actual functional limitations or notes about work restrictions carries much more weight. Social Security, not your doctor, will ultimately decide whether you actually meet the criteria to be found disabled under Social Security’s rules.

For more information on Mistakes Made In Applying For SSD Benefits, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 412-4773 today.

Lund Law Carolina

Call Us Now For A Free Consultation
(704) 412-4773

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