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Social Security Disability

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Five Social Security Disability Tips

1) They needlessly wait to file their claim.

Anyone can apply for Social Security Disability benefits. The law requires that claimants have a combination of physical or mental impairments that prevent any kind of substantial work for one year or longer. Claimants will often confuse the one year out of work requirement with a one year waiting period to apply. There is no need to wait to apply because the Social Security rules require that a claimant’s disability prevent them from working for one year or be expected to keep them out of work for over one year. A doctor note stating that a claimant’s medical condition is severe and that it will likely keep the claimant out of work for twelve months or longer is usually sufficient to meet the Social Security Administration’s duration rules.

There are good reasons to apply as soon as you begin to miss substantial amount of work. The adjudication process can take over two years so it is best to get started quickly. Even if you think you might return to work before a year has passed, there is no cost for filing a claim and getting the process started. You can always abandon your claim if you return to work in less than twelve months.

2) They stop seeing their doctors.

A doctor statement indicating a claimant is disabled is great evidence in a Social Security Disability claim. However, these statements by themselves are rarely enough to get a claimant approved. The Judges that decide these cases want to know whether a claimant’s medical problems were present during the entire alleged period of disability. Judges often assume that a claimant’s medical problems were not that bad if they stop seeing their doctors. Most Judges believe true disability and severe medical problems require consistent medical attention. This is true even though claimants who are unable to work due to disability cannot always afford to see doctors, and they usually cannot afford to see specialists without health insurance. Unfortunately, Judges are not always sympathetic with a claimant’s position that their lack of medical treatment is a result of financial hardship.

If regular medical treatment becomes a financial impossibility, it is a good idea to seek treatment at free or low cost health clinics. Most North Carolina counties have organizations that provide medical treatment free of charge as long as certain income qualifications are met. The services these organizations provide are almost always better than long periods of time without medical treatment.

3) They only tell their doctors about their symptoms and not their limitations.

We all know what it is like to see the doctor. Doctors find out what symptoms their patients are having. Doctors use these symptoms, an examination, and a few tests to make their diagnosis. In their records, doctors will note back pain, fatigue, or other symptoms that their patients report and help lead to their diagnosis. Claimants need to understand that medical records are often the only written record that reveals what problems a claimant was having during their period of disability. Simply notifying a doctor that they had pain or fatigue does not explain why they cannot work. It is better to explain that the fatigue prevents them from washing a full sink of dishes at one time or that the back pain prevents them from tying their shoes. This is important because people work with pain and fatigue all of the time. However, people with pain so bad that it prevents them from tying their shoes do not work. When claimants testify at a hearing about these kinds of limitations, the Judges will find the testimony more credible because doctors have documented similar statements from the claimant months or even years before the date of the hearing.

4) They attend hearings unprepared.

Every claimant should know what to expect at a hearing. There are several issues that may come up and it pays to be prepared. Judges will ask various questions covering a wide range of issues, but there is no reason why a claimant should be unaware of the material that will be covered and the type of questions that will be asked. A properly prepared claimant can improve their chances of being approved because their testimony will be specific, clear, complete, and without exaggeration.

In addition, there are many types of documents that Judges expect will be available for inspection by the time the hearing is held. Judges will always want to review medical records, but there is also the likelihood that employer, prescription, tax, Employment Security Commission, or other financial information will be necessary for the Judge to make a decision. Failing to have these documents at the time of the hearing may cause further delays in adjudication of the claim.

There is other danger in not having the documents and information that the Judges expect to have available. Some Judges will spin a claimant’s failure to come to the hearing prepared against the claimant. Judges make credibility determinations based on several factors, and not having important information can lead a Judge to conclude something is being hidden.

5) They think that since they are capable of some work they are not eligible for disability.

You can still be eligible for disability even though you are able to perform some work and make some money. Social Security benefits are paid to individuals who are not able to earn $940.00 a month from work because of severe medical impairments. For example, a claimant may still be eligible for Social Security Disability benefits if the most they are able to earn is $400.00 a month.

In addition, there is a trial work period for claimants who are approved for disability. Individuals on disability who can perform some activity are allowed to work, earn money, and continue to receive disability benefits within a time period designated by the Social Security Administration. Therefore, claimants who are seeking disability should not feel hopeless just because they are able to make some money.