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Avoid These Common Mistakes When Applying for Social Security Disability

Posted by Trenton Besse | May 24, 2024 | 0 Comments

Applying for Social Security Disability (SSD) benefits can be a daunting process filled with paperwork, deadlines, and technical requirements. A single mistake can lead to delays or even denial of your claim. At Besse Law Firm, we've seen countless applications and know the pitfalls to avoid. Our goal is to help you navigate this complex system successfully. Here are the common mistakes to avoid when applying for SSD benefits.

Failing to Gather Comprehensive Medical Documentation

The foundation of a successful SSD claim is thorough and accurate medical documentation. Many applicants fail to provide sufficient evidence of their disability, leading to denial.

  • Include All Medical Records: Ensure you submit all relevant medical records, including doctor's notes, hospital records, test results, and treatment plans.
  • Regular Medical Visits: Maintain regular appointments with your healthcare provider to document ongoing medical issues and treatments.
  • Detailed Descriptions: Your medical records should include detailed descriptions of how your condition affects your ability to work and perform daily activities.

Missing Important Deadlines

The SSD application process is time-sensitive, and missing deadlines can jeopardize your claim.

  • Initial Application Deadline: File your initial application as soon as you believe your disability will prevent you from working for at least a year.
  • Appeals Deadline: If your initial claim is denied, you typically have 60 days to file an appeal. Missing this deadline can mean starting the process over.
  • Review Your Notices: Carefully read all notices from the Social Security Administration (SSA) to stay informed about deadlines and required actions.

Inaccurately Completing the Application

Errors or omissions in your application can lead to delays or denials.

  • Double-Check Your Information: Ensure all personal details, employment history, and medical information are accurate and complete.
  • Provide Detailed Answers: When describing your disability and its impact, be as detailed as possible. Avoid vague statements.
  • Seek Assistance: Consider getting help from an experienced SSD attorney to ensure your application is filled out correctly.

Overlooking Non-Medical Requirements

Qualification for SSD benefits is not solely based on medical conditions. There are non-medical criteria to meet as well.

  • Work Credits: Ensure you have enough work credits to qualify for SSD benefits. Generally, you need 40 credits, with 20 earned in the last 10 years.
  • Income Limits: Be aware of the substantial gainful activity (SGA) limit. Earning above this limit can disqualify you from receiving benefits.

Neglecting to Appeal a Denial

A significant number of initial SSD applications are denied, but this does not mean the end of the road.

  • File an Appeal: If your application is denied, promptly file an appeal. Many claims are approved during the appeals process.
  • Request a Reconsideration: The first step in the appeals process is requesting a reconsideration of your claim by the SSA.
  • Attend Hearings: If necessary, attend a hearing before an administrative law judge. Preparation and representation by an attorney can improve your chances of success.

Conclusion:

Applying for Social Security Disability benefits can be challenging, but avoiding these common mistakes can increase your chances of a successful outcome. At Besse Law Firm, we specialize in helping clients navigate the complexities of the SSD application process. Contact us today at (913) 341-0005 to schedule a consultation and get the expert assistance you need to secure your benefits.

Frequently Asked Questions (FAQs)

  • How long does the SSD application process take?

    The process can take several months to over a year. Initial decisions typically take 3-5 months, but if appeals are necessary, it can extend the timeline.

  • What should I do if my SSD application is denied?

    File an appeal within 60 days of receiving the denial notice. Many claims are approved during the appeals process, especially with legal representation.

  • Can I work while receiving SSD benefits?

    You can work, but your income must not exceed the substantial gainful activity (SGA) limit, which is adjusted annually. Exceeding this limit can disqualify you from benefits.

  • Do I need an attorney to apply for SSD benefits?

    While not required, an attorney can significantly improve your chances of approval by ensuring your application is accurate, complete, and well-documented.

  • What are work credits, and how do I earn them?

    Work credits are earned based on your income and work history. Generally, you need 40 credits, with 20 earned in the last 10 years. You earn up to four credits per year based on your earnings.

For personalized assistance and to improve your chances of a successful SSD claim, reach out to Besse Law Firm at (913) 341-0005. Our experienced team is here to guide you through every step of the process.

About the Author

Trenton Besse

Contact Trent Now  I graduated from the University of Kansas in the top ten percent of my class in 1991 with a Bachelor of Arts in Psychology. Three years later, in 1994, I received my Juris Doctor from KU. I was admitted to the Kansas Bar in 1994, and in 1997 I was admitted to the Missouri Bar...

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