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ROADBLOCKS TO SOCIAL SECURITY DISABILITY

If you intend to file a claim for Social Security disability benefits, there are some roadblocks that you need to be aware of.  These are simply things that can block approval of your claim.  I mention a few things below:

  • You can't be working when you apply.  In 2013, regulations provide that any earned income over $1,040 per month is substantial gainful activity. While you can technically work part-time earning less than $1,040 per month, any work is likely to hurt your disability claim.  If you earn at least $1,040 per month before tax, you are automatically disqualified. 
  • You cannot win disability without seeing a doctor to establish your medical or mental impairments.  You need to be treated by your own doctor.
  • Your doctor cannot find you to be disabled.  Social Security has its own rules about who is disabled.  Your doctor will be useful in the process, but he or she does not have the power to declare you disabled.
  • The Social Security doctor who examines you will not find you disabled.  During these "consultative examinations," the doctor hired by Social Security may only spend 10 minutes with you.  Most likely, he will not find sufficient evidence to support your disability claim.
  • Lack of persistence will derail your disability claim.  Most claims are denied at the initial level (just over 70 percent in Alabama).  It will probably be necessary to appeal the first denial to win.
  • Lack of work credits can make you ineligible for Social Security disability.  You have to have a certain number of "quarters of coverage" to be insured.  If haven't worked enough to collect sufficient "quarters of coverage," you have no disability insurance under the Social Security Act.  (You may still be eligible to apply for SSI, however).
  • Failure to understand Social Security laws, regulations and procedures will be a big hindrance to getting a claim approved.  Social Security is a complex and confusing matter.  It is best to hire a professional who understands it to help you with your case, especially at the appeal level.
  • The burden of proof is upon you, the claimant.  You have to prove that you are not able to work.  Social Security does not have to prove that you are able to work.   I look at it this way:  Your claim is lost until you can prove otherwise.
  • Waiting too long to file your appeal wrecks your case.  When you are denied, you only have 60 days to file an appeal.  Waiting longer than 60 days is sure death for a disability claim.

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