In 30 years of Social Security Disability Practice in Virginia, I have seen the same mistakes over and over again. These are the ten (10) mistakes a claimant should avoid when applying for Social Security Disability.
1. YOU MUST APPLY FOR DISABILITY AFTER YOU STOP WORKING. If you stop working due to a disability, then you need to apply. Social Security only gives you a window of opportunity to apply. Usually, this is five (5) years but if there is a gap in your work record it can be much shorter like one (1) or two (2) years. This is often a problem with housewives who drop out of the work force for a number of years to raise children.
2. YOU MUST HAVE ENOUGH QUARTERS OF WORK. If you have worked very little and Social Security says you do not have enough quarters, you may have to continue working in order to gain enough quarters to qualify. You can still apply for SSI (Supplemental Security Income) even though you do not have enough quarters to apply for Social Security Disability. However, SSI is a welfare program and you usually must have less than $2,000.00 in cash resources and little or no income to qualify.
3. YOUR DISABILITY MUST LAST MORE THAN TWELVE (12) MONTHS. If you have a serious injury but you are going to recover within twelve (12) months, you are not going to qualify for Social Security Disability. A prerequisite for Social Security is that you have an impairment that disables you for twelve (12) months or that you can expect will disable you for twelve (12) months.
4. YOU CANNOT BE WORKING WHEN YOU APPLY. If you think you can work part time and qualify for Social Security Disability, you probably are not going to win your case. Social Security considers earned income an automatic disqualifier in most cases. In 2006, Social Security considers $860.00 per month as substantial gainful activity and an automatic disqualifier. So, if you make this amount even working part time, you cannot qualify for Disability. Also, even working part time, shows you have the ability to work.
5. YOU RELY ON THE OPINION OF THE SOCIAL SECURITY DOCTOR. Assuming a Social Security Doctor will examine you and agree you are disabled is a common misconception. Most often Social Security Doctors rush people through like an assembly line. The exam is often very cursory and the examiner may not have the medical expertise to really understand your ailment. Usually, they give very little credence to subjective complaints.
6. YOU FAIL TO FILE A TIMELY APPEAL OF A DENIAL. Only about a third of claimants are granted at the initial level. After a denial you have 60 days to appeal. Your case cannot be given additional consideration unless you appeal.
7. YOU FAIL TO GET MEDICAL TREATMENT. Failure to obtain consistent treatment for your ailment is a common problem. Most social security judges will give little credence to an ailment that you have not sought medical treatment for. Thus, if you have a chronic pain complaint, you should at least make an attempt to manage the pain through a pain clinic or some other approach.
8. YOU FAIL TO HAVE YOUR OWN DOCTOR'S SUPPORT. Social Security Rules give a lot of weight to a well written opinion by the claimant's own treating physician. Thus, if you believe you are disabled, you need to first consult your own physician for his/her opinion.
9. YOU FAIL TO CONSULT A SPECIALIST. It may be well and good to have an opinion from your family doctor but if you have an impairment that requires the opinion of a specialist then you need to see one. For example, a lung problem may require a breathing test and the opinion of a pulmonologist. A heart problem may require a stress test and the opinion of a cardiologist.
10. YOU FAIL TO CONSULT A SOCIAL SECURITY SPECIALIST. Social Security Law is a unique area of the law. If you have a brain tumor you would not see a family doctor you would see a specialist. Likewise, for Social Security Disability you need to see an attorney who specializes in that field.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Gerald G. Lutkenhaus has been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine he was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 he received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers. In 2005 he was selected for the Bar Register of Preeminent Lawyers. You can get more information from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com or call for a free consultation at 804-358-4766.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
tweet this!