BEST WAYS TO LOSE A DISABILITY CLAIM ON APPEAL

With local award rates now at 38 percent for hearings, you don't have to work very hard to lose your Social Security disability hearing.  But there are many pitfalls that will almost guarantee that you won't get approved.

  1. Base your claim on something other than a severe medical or mental impairment (supported by evidence from a doctor).  For example, you say you got laid off, your job moved to Mexico, you had to care for a sick child or parent--all of which has nothing to do with a medical or mental impairment.
  2. Give conflicting testimony or evidence.  For instance, drawing unemployment benefits can send a conflicting message about when and whether you became disabled. Caring for children, pets or aging parents can send a confusing message.  Even vacations can be used to create a lack of credibility about disability.  (You must be truthful but be prepared to explain such things and put them in context).
  3. Failure to get medical treatment.  If you can't afford medical treatment, please try to find a community clinic, health department or other source of treatment. The regulations do not permit payment of disability benefits without medical evidence.
  4.  Going to a hearing without all the medical evidence. Social Security may or may not have obtained all your available medical information.  I always assume that they have not.  It is up to the claimant or his/her representative to check.  
  5. Depending solely on routine medical records from doctors.  Yes, you need medical records.  But you need more.  You also need a detailed Medical Source Statement from your treating doctor or psychologist that specifies your functional limitations (in vocational terms).  These details are not found in most routine doctor's records.
  6. Being unaware of your burden of proof.  What is the legal definition of "disability" as Social Security defines it?  What do you have to prove?  What kind of evidence is considered proof?  This is something you need to research carefully.
  7. Relying on the fact that you cannot perform your past work.  This is not enough to win.  If Social Security finds that you are not able to perform work you have done in the past (a Step 4 determination),  they will still deny you if they find that you can do other types of work (a Step 5 determination).
  8. Failure to understand Social Security's peculiar word meanings.  For example, did you know that "occasionally" can mean up to one-third of an 8-hour workday?  Did you know that the basic term "work" is defined as 8 hours a day, 5 days a week or an equivalent schedule?  Are you familiar with the phrase "concentration, persistence and pace"?  What about the old sit/stand option?
  9. Not being familiar with limitations implied in your medical record.  For example, how many days per month would you expect to be absent from work because of pain, migraines, depression, etc.?  What percentage of the day would you be off task because of things like depression, anxiety, pain, panic disorder, or whatever...?  Will you need additional breaks or other accommodations?
  10. Overconfidence.  If you've been to a few Social Security hearings, it's hard to be overconfident.  But persons who have never seen one can be overconfident.  We should believe in ourselves and be self-reliant, to an extent.  We should also realize that we can't do everything and sometimes we all need help.  The willingness to ask for and accept help can be very important.
There are literally a hundred things that can put a torpedo into your disability hearing.  Research the requirements for Social Security disability carefully.  Put yourself in the place of a of a 747 jumbo jet pilot just before takeoff.  Do the checklist.  Are you ready?   Do you need help? 

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