The process of applying for Social Security disability can be complicated and frustrating. To help make the process easier, our disability lawyers in Houston have compiled a list of mistakes to avoid when seeking benefits.
Collecting Unemployment
The issue of collecting unemployment while applying for disability benefits is one that many are divided on, but our Social Security lawyers advise not doing it. Claimants file for SSDI when they are unable to work due to a disability; collecting unemployment benefits is an indication that you are ready and able to work as soon as an opportunity arises.
There can be exceptions to this guideline, so it is important to discuss the issue with an experienced attorney for advice on your specific situation.
Applying Too Soon
To qualify for Social Security disability, your disabling condition must be expected to last for at least 12 months. Applying too soon may make it harder to prove that your disability will be long-term or permanent. It’s best to wait to apply for benefits when there is sufficient medical evidence that your disability will meet the 12 month minimum.
Not Getting Medical Treatment
A large part of the decision to grant or deny Social Security disability benefits is evaluating the validity of your disability. To have sufficient proof of your qualifying condition, you absolutely must undergo thorough medical evaluations and follow the treatment plan as determined by your doctor.
Taking medication, using medical devices, having surgery, undergoing physical therapy and any other measures recommended by your medical staff should be strictly adhered to. This step is vital; however, many who are unable to work also are unable to pay for treatment. For help, read our blog post on what to do if you’re seeking Social Security disability and can’t pay for medical care.
Not Meeting Appeals Deadline
Nationwide, approximately 70 percent of disability claims are denied by the Social Security Administration. While this is disheartening, it’s definitely not the end of the road. The disability appeals process starts with writing a request for appeal. This must be sent to the SSA within 60 days of the date your denial is received, which is presumed to be within five days of the date on the denial letter unless there is compelling proof otherwise.
After you request an appeal, the administration will have a complete review of your claim conducted, including all original evidence and any additional evidence you present.
Not Preparing for Hearings
If your initial appeal is reviewed and again denied, the next step will be a hearing in front of a judge. It is extremely important to be prepared for this hearing, and having assistance from a Houston Social Security appeals lawyer at The Law Offices Of M. Stanley Whitehead can help. You should have up-to-date medical records and doctor’s statement. You should also review your complete file and ensure there are no mistakes or missing documents.
Our disability denial attorneys can help you demonstrate with your claim was wrongly denied and present strong arguments in favor of overturning the decision.
If you need help applying for disability benefits or appealing an SSDI denial, contact The Law Offices Of M. Stanley Whitehead today for assistance.
