Disability law is complicated, and so is the application process. It’s not uncommon for people who apply for disability benefits to be denied at first review. This post will highlight some of the most common mistakes to avoid when filing disability claims. We’ll also discuss how a Social Security Disability (SSD) lawyer can help you fill the missing gaps and navigate the complex claims process.
Mistakes to avoid
The Social Security Administration can deny disability benefits to people who have an impairment not considered severe or expected to last one year. Besides, there are several common mistakes made by applicants that often lead to SSD claims being denied.
1. Furnishing inaccurate or incomplete medical records
Failure to provide sufficient medical evidence can result in SSD claims rejection. Give the Social Security Administration (SSA) a detailed and accurate account of your medical condition in the SSD application. You’ll also need to disclose how your medical condition affects your ability to work. Provide all the necessary information so that the SSA is well-equipped to evaluate your disability. This can be done with the following:
- names, addresses, and phone numbers of the doctors, caseworkers, hospitals, and clinics;
- dates of your visits;
- medical records, laboratory, and test results; and
- names and dosages of all your medication.
2. Submitting incorrect employment records
Give the SSA enough information on your employment history—a summary of where and what work you did, W-2 forms, pay stubs, or proof of workers’ compensation—so they can make an informed decision about your claim eligibility. You can be denied an SSD claim if the SSA identifies you’ve returned to perform your usual or another type of work, or may be able to do so in the near future.
3. Applying too early
SSD benefits are for disabilities that are supposed to last one year or more and that prevent you from seeking gainful employment. In case your disability is less than a year old and the doctor hasn’t been able to establish how long your condition is expected to last, you risk having your application denied.
4. Waiting too late to file or appeal
Apply for disability benefits as soon as you develop a disability since the process is lengthy. Processing an application for disability benefits can take an average of three to six months. After an initial claim denial, you get 60 days to request an appeal. If you miss the deadline, you may have to start the application again.
5. Misunderstanding your income
To be eligible for benefits, you must be unable to engage in what’s called Substantial Gainful Activity (SGA). If you’re earning more than $1,470 a month ($2,460 if you’re blind), you may be considered engaging in SGA. In that case, you won’t be considered to have a qualifying disability.
Why seek help from an SSD lawyer?
If you’re filing disability claims for the first time, an SSD lawyer can guide you through the complex application process and increase your chances of approval. If your SSD application is denied, an expert legal representation can help in appealing the denied claims by requesting a review of the SSA’s decision.
If you need a lawyer ASAP who specializes in social security disability law, contact LegalASAP today. You can also take our free evaluation to see if you qualify and get the legal representation you need.