The idea behind Social Security Disability Insurance has been around for a while, since 1936 to be specific. Even though it wasn’t made official until 1956, a lot of discussions ensued in the congress to get it passed. The idea behind the law was to relieve a lot of disabled people from the harshness of the depression, which is why it distinctively drew a sharp line between disability and unemployment. As it progressed through the years, the definition has widened and it became a very important type of program that helped many people survive comfortably. What makes this process harder than expected is the involvement of a lot of paperwork, medical records, and time. It’s not uncommon for people to make simple mistakes that can end up sabotaging their SSDI claims. We’ll be mentioning the 6 most common mistakes that you should avoid if you want your claim to be accepted.
- Bad Medical Records
Every applicant gets a chance to explain their disability, or disabilities, to an examiner, and sometimes to an administrative law judge. However, this sometimes is not enough to guarantee that one will qualify for receiving SSDI benefits. The solid foundation of every successful SSDI claim is good medical records that can support the claim. To steer clear from bad medical records, you must make sure that you’re treated early and often. You need to pay close attention to making all doctor appointments on time. Regular medical care from doctors, counselors, and/or therapists strengthens your claim. Secondly, you need to follow the prescribed treatment almost religiously.
- Self-Representation
No matter how alluring the idea of representing yourself in an SSDI claim may seem, you might want to avoid it as much as possible. Those who represent themselves in such cases usually lose unless they are quite knowledgeable with the required legal paperwork, handling a hearing, and many other aspects. As mentioned on laportelawfirm.com/our-locations/san-francisco/, the success of appeals is highly dependent on paperwork and preparation. Hiring a professional SSDI attorney can ensure that you’ve got everything in order. The last thing you want is to lose a credible SSDI claim because of a minor issue that could’ve been resolved by a lawyer in no time. They can also help you expedite your hearing’s decision to help you shorten the time it takes with such a claim.
- The Use of Illegal Drugs or High Alcohol Consumption
Social Security Laws state that if your disability is mainly caused by either too much drinking or binging on illegal drugs, then you will not be able to file for an SSDI claim. Alcohol or substance abuse paints you in a bad light and harms your credibility as a witness. This leads to a much more difficult disability determination process. Both acts do not fall under the accepted criteria for disabilities which stands in your way of being compensated with SSDI benefits.
- Improper Documentation
Failing to follow any recommended treatment option by doctors can instantly prevent you from receiving recovering benefits. You may want to keep a journal where you explain the pain you are enduring and all the limitations it has caused. This means that you need to keep track of any complaints, pain, and any event associated with or resulted from your disability. You would want to make your journal credible by documenting any limitations you are dealing with for your doctor to add them as medical notes. Finally, you can seek a professional opinion about your condition as a clear proof for examiners or judges.
- Waiting Too Long to Apply or Appeal
The minute you come to the realization that you will not be able to work for a year or more, you should immediately file for benefits. Waiting too long before applying increases your risk of failing to qualify. Even if you are legally entitled to receiving benefits, waiting longer than necessary to apply might lead you to lose SSDI payments.
Another factor where time is of the essence is appealing the claim if your original application has been denied. If you got rejected from receiving benefits, you would usually receive a letter stating so. From the time of this letter, you have 60 days to appeal. Failing to appeal within this period will result in either permanently losing your right to qualifying or having to repeat the whole application process from the start again.
- Inconsistency
The claim that you submit for review is checked thoroughly. This means that inconsistencies and contradictions can significantly reduce your chances of winning the claim. It should be mentioned that posting on social media about the injury can have a detrimental effect on your case. It’s not hard for authorities to cross-examine this information to find the slightest contradictions that can negatively affect the judge’s opinion of your claim.
Sustaining a disabling injury can be a serious life-changing event. It’s hard to simply expect your claim to go smooth without ironing out a lot of details, which is why using the services of a professional SSDI attorney is highly recommended to ensure that you avoid making mistakes that can cost you your whole SSDI claim.
