Common disability mistakes that you should avoid
Social Security has access to your earnings record. If your employer reported wages to the state, then you should expect that Social Security knows about it. Sometimes a work attempt can show that you want to work but due to your disabilities cannot sustain a work effort. Talk to an expert that can help you determine the best way to handle work attempts after your onset date.
At a Social Security hearing, the judge will probably ask about gaps in your earnings history. Being unable to adequately explain these gaps can hurt your case. The judge doesn’t know if you were: incarcerated, working “under the table”, caring for for children or an elderly parent etc.. Be prepared to explain gaps in your earnings record for 15 years prior to your onset date.
One way to quickly damage your credibility is to exaggerate your symptoms. Disability examiners have seen thousands of cases just like yours. Although every case is “unique”, adjudicators will often flag cases where the is not a medically determinable impairment or test results that could “reasonably” cause the limitations that you allege. Get expert help to help you navigate the forms and questionnaires that can “make or break” your case.
Self-medicating is not a good option in treating your pain, depression, etc..Using illegal drugs immediately damages your credibility. Failed drug tests for cocaine, methamphetamine, or other illegal substances point more towards recreational drug abuse than towards…
Not being able to afford medical care is understandable if you have no medical insurance or income. Social Security can only decide cases based on medical evidence. A lack of treatment in or testing in your record does not help your case. People with severe conditions go to the emergency room despite lack of funds…
If your medical providers have counseled you to stop smoking due to your worsening COPD or you end up at the ER due to not taking your seizure medications…
There is difference between being “disabled” and “retired”. If you spend your days hunting and fishing then you appear to be asking Social Security to subsidize your “early retirement”…
If you come to your disability hearing with a cane, crutches, walker, in a wheelchair the first question the judge will ask is “who prescribed that for you?”
Often doctors use software that automatically fills information about your conditions or symptoms. Some doctors keep poorly written “handwritten” notes that are difficult to read and are not machine readable…
A disability hearing is not a job interview or a job application. Failing to adequately show that your symptoms are severe can cause the judge. You should be honest and truthful in describing your symptoms. Too slight or too severe of symptoms can raise red flags in your case…
Many adults take time off from work to care for elderly parents or to babysit grandchildren. This is commendable and often times it is necessary to care for family members. However, a judge will not pay you disability for spending the day caring for an elderly family member. If you are cooking, cleaning, bathing, and caring for others, proving you are disabled is extremely difficult.
When you apply for state unemployment benefits, you are attesting that you are ready to go to work…
A “bad” medical opinion is worse than no medical opinion. Forcing a medical provider to complete a medical opinion form is a bad idea. Often, they will complete it in such a way as to show you are not disabled at all. And, if your doctor completes a form in a negative way, you still must submit it to Social Security for consideration. This can have a catastrophic effect on your case.
In a disability hearing the judge will often ask if you have a disabled spouse. If you do, the judge will assume that you are doing the household chores or your disabled spouse is doing the household chores. It is best to…
Filing early and often is the worst thing you can do…
Some people have a habit of providing too much information at their disability hearing. When given the opportunity to speak, they may overshare and that can lead to trouble. Now, while outright lying is never in your best interest, disclosing unsolicited information could damage your case.
The following four situations, while not grounds for automatic denial, have the potential to damage your claim. If any apply to you, it’s best to keep them under wraps unless directly questioned by the ALJ:
Prior denied claims ex. “I’ve filed seven times since 1987 and Social Security won’t listen to me…”
Prior criminal history ex. “Ive been locked up for fraud and false statements”
Drug and alcohol issues ex. “I’ve been drinking a 12-pack a day and using methamphetamine since 2013”
Family members receiving disability ex. “My wife and my 3 kids all receive SSI so I decided to quit working and try to get my disability too.”
Three other job-related arguments to avoid making when testifying before the ALJ:
“There are no jobs available.” This implies that if there were jobs, you would be able to work and therefore not in need of disability.
“I can’t do my old job anymore.” Again, this implies that you are able to work a job, but just not able to work one outside of your field. If you are under 50, Social Security presumes you can be re-trained to do “other work”. Other work could by any unskilled work that exists in the “national economy”.
“There is no way for me to get to work without a car or license.” Unless you have a medically determinable impairment that restricts your ability to drive or your doctor has prohibited you from driving, no ALJ will consider this a valid excuse for disability.
The following four situations, while not grounds for automatic denial, have the potential to damage your claim. If any apply to you, it’s best to keep them under wraps unless directly questioned by the ALJ:
Prior denied claims ex. “I’ve filed seven times since 1987 and Social Security won’t listen to me…”
Prior criminal history ex. “Ive been locked up for fraud and false statements”
Drug and alcohol issues ex. “I’ve been drinking a 12-pack a day and using methamphetamine since 2013”
Family members receiving disability ex. “My wife and my 3 kids all receive SSI so I decided to quit working and try to get my disability too.”
Three other job-related arguments to avoid making when testifying before the ALJ:
“There are no jobs available.” This implies that if there were jobs, you would be able to work and therefore not in need of disability.
“I can’t do my old job anymore.” Again, this implies that you are able to work a job, but just not able to work one outside of your field. If you are under 50, Social Security presumes you can be re-trained to do “other work”. Other work could by any unskilled work that exists in the “national economy”.
“There is no way for me to get to work without a car or license.” Unless you have a medically determinable impairment that restricts your ability to drive or your doctor has prohibited you from driving, no ALJ will consider this a valid excuse for disability.