COMMON MISTAKES IN A DISABILITY CLAIM

Here are some common mistakes that absolutely kill your chances of getting money from Social Security disability.  These are mistakes to avoid at all costs.

1.  Failure to establish consistent treatment with a good doctor.  This is equivalent to not having good medical records.  You may be very sick but if your medical record doesn't say it, it never happened.

2.  Making inconsistent statements.  Inconsistencies may be in your medical record (what you say to your doctor), in your application forms, or what you say to the judge at your disability hearing.

3.  Failure to appeal a denied application in time.  You only get 60 days to appeal.  After that it's just your rough luck.  The 60 day rule is strictly enforced.  It's a regulation, not a recommendation.  60 days.  No more.

4.  Failure to prove the "onset date" of disability.  Benefits are usually paid back to the date you first became disabled, called the onset date.  But the claimant has the burden of proving when his/her disability began.  This is done with medical records.  The onset date determines how much, if any, back pay you will receive and may be worth thousands of dollars in benefits.

5. Waiting too long to file your application for disability benefits.  About 4 years after you stop working, your Social Security disability insurance will expire because you are no longer paying into the system.  The date your insurance expires is called "Date Last Insured."  When this date rolls around, you can no longer file a new claim under Social Security disability (Title 2,) unless you can prove that you became disabled prior to the date last insured. It's like trying to collect on your homeowners insurance after it expires.  You can't.  Social Security disability insurance has an expiration date.  If you think you are disabled, file now while you still have the insurance.  Waiting can do nothing good for you.  (Your disability must have lasted or be expected to last for 12 continuous months before you can file a claim; however, you do not have to wait 12 months to file).  If that sounds confusing, contact your advocate or attorney for an explanation.

Visit our website to learn more about SSDI and how to win the benefits.
Call the Forsythe Firm at (256) 799-0297

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