How Many Minutes Of Action In A Football Game 8 Deadly Mistakes That Can Disable Your SSDI Claim and 6 Actions That May Help You Win!

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8 Deadly Mistakes That Can Disable Your SSDI Claim and 6 Actions That May Help You Win!

Applying for and receiving Social Security Disability Benefits (SSDI) can be a frustrating and confusing process. Did you know that about 70% of claims are initially denied? This is surprising. While there is no surefire way to guarantee SSDI benefits, this article highlights some common mistakes Louisiana SSDI claimants make. Also included are some actions you can take during the process to help give your Social Security Disability the best chance of approval.

Fatal Mistake #1 – You take NO for an answer.

The truth is that about 70% of initial Social Security applications are denied. If you answer “NO” or “REFUSED”, you lose your right and ability to appeal your rejection. Statistically, Social Security disability claimants do better in appeals to an administrative law judge (and then a court) than in an initial hearing. You have to be persistent, patient and ready to say no or be rejected and then move on to the next step.

Action #1 – Appeal any denial and reapply if necessary.

Don’t take NO. If you believe your medical records and functional limitations qualify for disability, don’t give up. Fight the rejections until you can’t complain anymore. If you lose your appeal or your limitations get worse after the final decision on your pre-claim, reapply.

Fatal Mistake #2 – You submit an incomplete disability application.

Many Social Security disability claimants are unable to provide all of the information or documentation required by Social Security to properly review your file. Sometimes it’s not your fault, but your doctor’s or healthcare facility’s fault. But either way, the result is the same, not providing all the necessary information and records, and making sure your doctor did the same, can kill your SSDI claim.

Deadly Mistake #3 – You fail to disclose all medical conditions or injuries.

Some SSDI claimants only tell Social Security about their medical problems—for example, back pain—but not about other medical issues they may be experiencing, especially mental health problems—such as depression. The thing is, when reviewing your claim, Social Security is required to determine how ALL of your medical conditions affect your ability to work. If you don’t tell them about all your problems (no matter how small each one is), they will only judge you on your main problem.

Action #2 – Disclose ALL medical conditions and limitations – physical and mental.

Social Security must determine how all of your medical limitations affect your ability to work in accepting your disability claim. Therefore, you should tell them about all your problems. Your knee locking up and hurting every 20-30 minutes after intense exercise is just as important as heart failure. The ability to maintain personal relationships and receive guidance from supervisors can be as important as your back pain. Report all your deficiencies to Social Security.

Deadly Mistake #4 – You wait too late to appeal your disability benefits denial.

You have 60 days from the date of rejection to apply to the next stage of the process. This is true with any appropriate rejection. Missing the 60-day window to appeal can and often does mean the end of your disability claim. Now you can apply again, but you have to go back to the beginning of the line.

Action #3 – Appeal within 60 days.

Social Security laws and regulations give you 60 days from the date you receive a denial to appeal. When determining what day you received a rejection letter, Social Security rules assume you received it 5 days after the date it was received. To make life easier, if you believe that the rejection was in error, appeal as soon as possible after receiving the letter. You can apply online at http://www.ssa.gov or by calling your Social Security office. You don’t want your valid disability claim to be denied because you failed to file your appeal within 60 days.

Deadly Mistake #5 – You overstate your limits or speak in absolutes.

Some SSDI claimants tell Social Security – “I can’t sit” or “I can’t walk.” For most disability claimants, this is simply not true. You can sit for a period of time or walk a short distance. (I admit that there are a few people for whom these absolutes are true, but not for the majority.) When you speak in such terms, the examiner gets a bad impression of you because it is not true in most cases. What happens when the examiner gets a bad impression of you and your credibility is questioned? You will be rejected. Be honest.

Action #4 – Be honest and tell Social Security the details.

You can never go wrong with the truth. The truth is important to your Social Security disability claim. While you don’t want to over-exaggerate your limitations, you also don’t want to under-report your abilities. Good answers include details such as “I can hold a gallon of milk and walk 10 feet with it before I have to put it down and rest” or “I go to my mailbox to get my mail. That’s about it. 30 feet. I need to rest by the mailbox for a few minutes to regain my strength before I come back.” Answers like these, which accurately describe your actual limitations and provide specific details, allow the examiner to effectively assess your limitations. You should also remember that these examiners have heard everything and heard everything. They are very good at detecting exaggerations and lies. If they feel that with you, you lose their confidence, which is important.

Deadly Mistake #6 – You approach the SSDI process without realizing it.

For most people, the only experience you’ll ever have in getting disability benefits is when you have to do it for yourself. Do you know exactly what you are trying to prove? Not many people. Often times, disability claimants think that they have to prove that they have some type of medical condition and that they have to win. This is not true. You have to know what to do and prove in order to do it and prove it. Otherwise, you could be a ship sailing to an unknown port without a map.

Action #5 – Read resources to help you understand the process.

I believe it is important for Social Security disability claimants to know something about the process the government uses to determine if you qualify for disability benefits. One of the reasons I write articles, blog, and educate disabled applicants is that it’s a complicated process. You can find valuable information all over the web, and especially at SSA.gov (the Social Security Administration’s home page). These resources can help you better appreciate the process, especially if you’ve decided to fight for your own interests.

Fatal mistake No. 7 – not disclosing the history of your entire work and vaguely describing your duties.

Of course, you have been doing the same job for the last 7 years and previously worked for another company for 5 years. You remember them. But what happens between these two jobs when you worked with your brother-in-law for 2 weeks and got paid. Social Security knows about every job where you pay taxes – no matter how much it was. You need to think about exactly what jobs you had and what you had to do at each job, and accurately report that to Social Security. If you fail to do this, it will again come down to your confidence.

The second part of this mistake is not describing your duties clearly. You can tell Social Security that you drive as part of your job. But for how long at a time? How many times per week? These details can have a significant impact on the determination of disability. Omitting these details can be fatal to your disability claim.

Deadly Mistake #8 – Failing to hire a disability attorney to help you.

Disability attorneys are familiar with the complex rules and regulations of Social Security. They know what medical records are needed to confirm your diagnosis and know the questions to ask your doctor to prove your limitations. you do They know what role a professional expert plays when listening to you. Have you heard of a professional? Do you understand what they want to do? I’m not saying you can’t win a disability case without an attorney (in fact, many do) or that an attorney will guarantee you victory (even the best football teams lose every season), but having a well-trained attorney who knows the game plan opposition can put you in a better position to find success.

Action #6 – Hire a Disability Benefits Attorney.

This may be self-serving, but it can help you better file your disability claim with Social Security. You don’t heal your broken arm, even though you saw the doctor wrap it in plaster of Paris and put it in a sling. The doctor can make sure it is placed correctly and knows exactly how immobilized the arm should be. Likewise, with a Social Security Disability attorney, the attorney knows and understands the process as well as some strategic moves that can increase your chances of success.

By avoiding these fatal mistakes that can disable your disability claim and taking actions that can help, you’ll give yourself the chance to get the SSDI benefits you need to survive.

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