5 Deadly Mistakes That Can Destroy Your Social Security Disability Case

September 30, 2024

Disability programs are designed to provide financial assistance to individuals who are not able to work or have a reduced capacity to work. However, simply saying you have a disability is not enough for you to receive disability benefits. You need to submit an application through which you prove your medical condition. 

The Social Security Administration (SSA) may also require you to submit detailed reports from your doctors and other supporting documents. This process makes it challenging to secure and maintain disability benefits. Here are five mistakes that can destroy your Social Security disability case.

Inaccurate or Incorrect Documentation

When you file an application for Social Security disability benefits, you need to meet eligibility requirements. The SSA has a strict definition of disability so your medical condition must meet those requirements. You would have to rely on documentation to build a strong case. The most commonly used documentation includes medical records and work history, but you can also submit other forms of documentation that support your Social Security disability claim. 

Any inaccuracies or incomplete information in the documentation can seriously undermine your case. For example, if you failed to report the income you are currently earning while claiming disability, it could be an indicator to the SSA that you are not being truthful about your earning potential. 

Incomplete or inaccurate documentation can also lead to issues with benefits calculation. The SSA uses the information in the documentation to make those calculations and any errors could lead to lower benefits. In case you were overpaid due to a fault in the documentation you submitted, you may be required to pay the money back along with additional penalties. 

If the SSA finds your documentation to be inaccurate or incomplete, you could face increased scrutiny as the SSA may conduct a more in-depth investigation into eligibility. 

As there is a lot that could go wrong with documentation for disability benefits, it is best to seek professional assistance when gathering and submitting documentation. A disability attorney can ensure your documentation is up-to-date, accurate, and complete. 

Ignoring Medical Advice

The purpose of medical advice when securing Social Security disability benefits is to help you establish eligibility. It can also help you prove the severity of your condition. The SSA relies on evidence to determine if you are eligible for benefits and one of the primary factors they consider is the link between your condition and your inability to earn income and perform substantial gainful activity (SGA).

Following medical advice helps demonstrate to Social Security that you have given a full effort to treatment and are trying your best to manage the disability. If you are not able to secure significant and stable income even after your best efforts to manage your disability, you have a stronger case convincing Social Security that you deserve to be awarded disability benefits. 

Medical advice often includes following professional assessments and clinical evaluations that can help you gather evidence of your disability. The findings of these tests and evaluations can be crucial in helping you build a strong case to receive benefits. 

Missing Deadlines

There are multiple deadlines for the process of receiving disability benefits. If you miss the deadlines, you could face serious consequences. You could face denial of benefits if you miss the deadline to submit your initial application for benefits. As a result of missing the deadline, you would need to start the Social Security disability process again while missing out on the benefits until you get approved. 

If you are considering or have already filed an appeal, you typically have a limited period of time to submit all the required documents. Missing the deadline can result in loss of the right to appeal. Similarly, you need to adhere to deadlines for other processes related to disability benefits such as receiving retroactive disability benefits and continuing disability review. In some cases, you might suffer from permanent loss of benefits. 

To ensure you don’t suffer such consequences,  you must keep track of the deadlines. If you’re struggling to manage your disability, you will likely find it challenging to keep up with all the legal requirements of filing for disability benefits. Consider hiring an attorney to help you through the process. 

Inconsistent Statements

The SSA carefully evaluates the applicant’s statement to understand the circumstances of the case and determine whether the applicant meets the eligibility criteria for disability benefits. The statements can include treatment notes from doctors, medical reports, and other supporting statements. 

If the SSA finds inconsistency in the statements while evaluating the case, it can be a red flag for them. One of the factors considered by  theSSA in their evaluation of the case is whether the documentation submitted by the applicant matches the statements provided throughout the application process. 

For anyone to qualify for disability benefits, they have to prove they have limited ability to perform SGA. The SSA can review statements to verify daily activities and ensure they are consistent with the reported limitations. They can also review statements to evaluate work history to determine if the applicant can still work. 

If there are inconsistencies, the SSA may decide to conduct a more in-depth investigation to cross-reference the statements with medical evidence. If the applicant is claiming to suffer from certain limitations but their medical records don’t support that claim, the SSA could deny the claim or decide to conduct further investigation. In some cases, the SSA may ask the applicant to clarify or expand on previous statements. 

DIY Approach

Taking a Do-it-Yourself (DIY) approach to filing a Social Security disability case may seem like a simpler approach but it can jeopardize your chances of securing benefits. When you take a DIY approach, you risk inadvertently submitting incomplete or inaccurate information, which can lead to further investigation, delays, or denial of benefits. 

Another key issue in a DIY approach is the misinterpretation of legal standards. The SSA has established strict eligibility criteria and legal definition for a disability. For example, if you are claiming disability for epilepsy, then the severity of the condition, frequency of the seizures, type of seizures, and other factors must be considered to determine if that qualifies as a disability. With professional assistance, you may find it challenging to understand the legal standards. 

For you to secure or maintain disability benefits your earnings need to be less than a certain threshold. If you earn more than this amount, it demonstrates that you are able to work and should not be provided with disability benefits. With a DIY approach, you risk misunderstanding the earnings threshold or not being able to adequately track your income, especially if you work multiple jobs or have sporadic earnings. 

The SSA allows you to deduct certain expenses from your earnings. DIY applicants might not be aware of the different exclusions and deductions that apply to their case, and as a result, they can jeopardize their case. The SSA also offers a Trial WorkPeriod, which allows beneficiaries to test their ability to work without risking loss of benefits. The Trial Work Period has strict requirements that must be met. For example, you are only allowed to work a maximum number of months. If you continue to work beyond that time frame, you can be disqualified as a beneficiary. 

Other risk factors with a DIY approach include overlooking reporting requirements and an increased risk of triggering a continuing disability review (CDR). Any benefits of taking a DIY approach are far outweighed by obtaining professional assistance throughout the process.

Consult an Experienced Social Security Attorney 

Are you looking for professional assistance to secure Social Security disability benefits? Allow us at Pisegna & Zimmerman to assist you through the process and avoid common mistakes. Our disability attorneys specialize in Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) disability claims. Whether you have been disabled due to an accident or injury or suffered an age-related disability, our social security disability lawyer can assist you in filing an application with all the necessary documents and guide you through the entire process. Contact us today to schedule a free consultation with our disability advocate attorney.