TOP 10 DISABILITY MISTAKES - ATTENTION HUNTSVILLE

Getting approved for Social Security disability is harder now than it ever was.  There are some common mistakes you must avoid in order to get benefits:

1.  Applying for benefits while working full-time will get you automatically denied.  If you are working and your wages total at least $1,130 per month, the regulations do not permit you to receive Social Security disability benefits.  That number increases to $1,820 if you are legally blind.
2. Failure to document your claim with medical evidence from what Social Security considers to be "an acceptable medical source," in most cases a licensed medical doctor or clinical psychologist (for mental disorders).
3. Failing to get additional statements from your treating physician about your work restrictions--such as, how much standing, sitting, bending, lifting, walking, etc. you can do within an 8 hour work day.  These combined abilities are called your "Residual Functional Capacity." This is not typically in your medical records.
4.  Filing incomplete, inaccurate or sloppy forms.  Be sure to answer every question on the various questionnaires, forms and documents that Social Security sends you.  There are many of them and rushing through the forms without carefully completing every question accurately and fully will hurt your application.
5. Forgetting to give Social Security the names, addresses, phone numbers and other information about EVERY doctor or medical provider who has records that should be obtained.  Social Security will only order the records you tell them about.
6. Failing to file appeals in a timely manner.  If you receive a denial of benefits notice, you may appeal the decision--but only within 60 days (plus 5 additional days for mailing time).  If you do not appeal within that deadline, your claim is dead.
7. Indicating to Social Security that you stopped working for ANY reason besides a physical or mental disability which made you unable to work.  Things that are NOT covered under the Social Security Act include:  quitting work to care for a sick family member, your company closed, you were about to be transferred, you lost your drivers license, you didn't have transportation.....).
8.  Failing to prove that you cannot sustain ANY full-time work, not just the work you have done in the past (especially important if you are under 50 years of age).  For example, you are 43 years old with past work as a heavy construction worker.  A bad back won't let you do construction work any more.  But, can you do the work of a sales attendant, furniture store rental clerk or ticket taker?  If so, you are not disabled according to Social Security.
9. Concentrating on why you are unemployed or can't find work when you should be focused on why you are NOT ABLE to work, i.e., why you are disabled--two very different things.  Social Security pays for disability but not for unemployment.
10. Basic failure to understand Social Security's rules, regulations, policies, definitions and evidentiary burdens.  This is why I feel professional representation is so vital, especially in the appeals process.