The Three Biggest Mistakes People Make in Social Security Disability Cases
It is quite possible to be completely deserving of benefits and be denied, because you made one of the big three mistakes during your journey through the Social Security Disability process. We want to highlight these mistakes, because they are entirely too common and we want you to help you avoid making them.
First Mistake - Not Having Someone Represent You
You do not want to go through this process alone. There are a hundred ways to lose or harm your case that you just cannot know whether this is your first (or even your fifth) time through the Social Security Disability system.
Deserving people miss out on benefits all of the time because they did not have a highly trained advocate in this area of the law on their side. From the completion of forms to the gathering of evidence, a skilled disability advocate can assist you at every step of the process.
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To discuss SSD and SSI claims or appeals, please call us at (518) 377-4204
or email us through our contact page. The initial consultation is free and we never charge a fee until we win your case. |
Second Mistake - Not Appealing an Initial Denial
The Social Security Disability adjudication system sometimes seems like it is built to discourage people. At the initial stages of the process you should expect to be denied. Most cases are denied at this stage. The mistake people make is they give these initial denials too much credit. In all likelihood, your case was not seriously reviewed before you were denied.
You can be almost certain that important medical evidence is missing from the record. If you believe you are disabled, you should always appeal an initial denial. Yet if you look at the statistics, hundreds of thousands of people every year get an initial denial and just give up. This can be heart-breaking, because in many instances too much time has passed to do anything about an earlier denial.
Interestingly, this second mistake is really caused by the first mistake. If you had gone through the process with a disability advocate from the beginning, then you would have filed an appeal. A disability advocate would know that your chances of winning after an initial denial are very good and would have appealed your case immediately. So again, getting good representation when you apply for Social Security Disability allows you to avoid the two most common mistakes.
Third Mistake - Not Going For Medical Treatment
There are many reasons why people do not go for medical treatment. Sometimes it is due to money issues. However, either through welfare or free clinics some level of regular medical care is usually possible. If you currently do not have health insurance, we strongly encourage you to visit The New York State of Health Website for information about how you may be entitled to free or low cost health insurance.
Sometimes people do not continue with treatment because they have a chronic condition and they feel that treatment has not led to any improvement. This is a huge mistake. On the medical side, although you may not get cured, staying in treatment consistently allows your medical providers to try out new treatments as they become available which often can at least decrease your symptoms. On the legal side, you have essentially doomed your Social Security disability case. Every year millions of people apply for disability. So obviously just saying you are disabled will never be enough.
The people who win benefits are those who have stayed in treatment, even if it was not very effective, and can point to a medical record showing their attempts to get better. Through being consistent with treatment and getting the support of your medical providers, you make it very hard for the Social Security Administration to deny your claim.
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Do you have questions about Social Security Disability?
The Consultation is FREE and we never charge a fee until we win your case! Call (518) 377-4204 or contact us now! |