Common Mistakes to Avoid in Disability Claims
Social Security has access to your earnings record. If your employer reported wages, Social Security is likely aware. Attempting to hide work efforts can harm your credibility. However, demonstrating that you tried to work but couldn’t sustain employment due to your disability can be beneficial. Consult an expert to determine the best approach for discussing work attempts after your onset date.
Judges may inquire about periods without reported earnings. Be ready to explain reasons such as incarceration, informal work, or caregiving responsibilities. Providing clear explanations for gaps in your earnings over the 5 years prior to your onset date can strengthen your case.
Overstating symptoms can damage your credibility. Disability examiners are experienced in evaluating claims and may flag inconsistencies between reported symptoms and medical evidence. Seek expert assistance to accurately complete forms and questionnaires vital to 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 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…
Engaging in activities like hunting and fishing regularly may give the impression of an active retirement rather than a disabling condition. It’s important to convey how your disability limits your daily activities.
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 isn’t a job interview. Downplaying your symptoms can lead the judge to underestimate the severity of your condition(s). Be honest and thorough in describing how your disabilities affects your daily life.
While commendable, providing care for family members can suggest to the judge that you are capable of substantial activity, potentially undermining your disability claim.
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.
Judges may question household dynamics if both spouses are disabled. Clearly explaining how household tasks are managed can prevent misunderstandings about your functional abilities.
Applying for disability benefits prematurely, before your medical condition has reached a level of severity that significantly impairs your ability to work, can lead to claim denial. It’s crucial to wait until your condition is well-documented and meets the necessary severity criteria before filing.
While honesty is essential, volunteering excessive or unsolicited information during your disability hearing can inadvertently harm your case. Focus on directly answering the judge’s questions and providing information pertinent to your disability and its impact on your ability to work.