Many people feel confused or frustrated when their Social Security Disability (SSDSSD stands for Social Security Disability. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. or SSISSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.) claim is denied. Many legitimately disabled people are denied Social Security Disability and SSI benefits. Understanding why can help you avoid the common mistake of giving up and, instead, help you get to a hearing and build a stronger case.
In the video “Why Are People Denied?”, Social Security hearing attorney Andrew Kinney from Hoglund Law explains the main reasons people don’t get approved and what you can do about it.
Not Enough Medical Proof
Many disabled people are denied because they don’t treat enough. As a result, there isn’t much medical evidence of disability in their current medical treatment. The Social Security Administration (SSAThe Social Security Administration (SSA) is a U.S. government agency that administers social programs covering disability, retirement, and survivors' benefits. It was created in 1935 by President Franklin D. Roosevelt.) needs to see current treatment records, test results, and details about your conditions. Your claim may be denied if you couldn’t remember where you treated (even for the emergencies), you give SSA wrong information about current treatment, or the medical treatment you get lacks detailed examinations that explain how your conditions affect your life.
Andrew Kinney states that the best medical evidence of disability area when you try your bet to get better by getting the right treatment at the right time with providers you trust.
Make sure to keep your medical insurance up-to-date. See specialists as needed. Get medical testing and imaging that your providers recommend. Ask your providers questions about your health. If you get the best medical treatment, either you get better (which is the best-case scenario anyway), or you have strong medical evidence of why your medical problems keep you from working.
Skipping Treatment or Not Following Medical Advice
If you stop going to the doctor or don’t follow treatment and testing they suggest, SSA may conclude that your medical problems are not confirmed or cause serious limitations. Even if you have a good reason you are not getting medical treatment (like cost of medications or health insurance), try your best to find a way to get medical treatment and explain your concerns to your providers. To prove disability, SSA ultimately needs to see medical evidence of what’s wrong with you and how your medical issues are not getting better with treatment.
No Information About How Your Condition Affects Daily Life
Having a diagnosis like back pain or depression is usually not enough to be approved for Social Security Disability Insurance or SSI benefits. SSA also needs evidence from your medical treatment about (1) how severe your medical issues are and (2) how these issues limit what you can do each day. For example, can you sit, stand, walk, or concentrate for 30 minutes? Some people are denied because they do not discuss their symptoms fully with their medical providers. Your medical providers cannot treat you for symptoms you don’t bring up. It can help to bring a list of concerns to your doctor appointments so you remember to ask about each one.
If your medical provider isn’t listening to you, ask people you know and find a medical provider who does.
You need to complete SSA daily activities questionnaires after you apply for Social Security benefits. Carefully review each question and describe how your medical issues limit certain things you try to do. It is wrong to claim you cannot do anything if this isn’t true. Get help from a family member or friend about forms you do not understand. There are no “right” answers in these or other forms. The goal? Be accurate and consistent with what you claim you cannot do.
Saying One Thing, but your Medical Records Say Another
If you exaggerate medical issues (even inadvertently) to SSA, your medical treatment records will not support what you are claiming. That can be a problem. For example, if you say you can’t walk without a cane, but your medical records show you’ve been walking in and out of appointments without a cane, SSA may assume you are exaggerating. Lay out exactly what symptoms you are having with both SSA and with your medical providers. This way, your providers can treat you effectively and your medical records are consistent with what you claim to SSA.
Ask your Doctor “How can I get back to work?”
Medical treatment records contain a lot of information about what is wrong and what the treatment plan is. Consider this: Many people don’t discuss with their medical providers how to get healthy enough to get back to full-time work. A candid discussion about this with your medical providers may lead to helpful treatment that may allow you to work. If not, your treatment notes will reveal to SSA how serious you are about your health.
What Can You Do?
If SSA denies you benefits and you know your medical issues keep you from working full-time, it may mean you applied too early (and could still work) or that you need more medical treatment to establish what’s wrong. To help your benefits claim, you should:
- Keep treating with doctors as needed.
- Follow medical treatment plans, including testing and imaging.
- Ask your doctor what it would take for you to get well enough to work full-time.
- Be direct, clear, and selective in SSA forms about how your medical limitations limit you.
- Consider hiring a law firm with lawyers whose primary work is arguing Social Security Disability claims. They can recommend when to appeal or refile a new claim.
Hoglund Law helps people with disability claims every day. Avoiding common mistakes in Social Security benefits claim can help you get approved for the benefits you need.
Our lawyers at Hoglund Law Offices help clients across the country get approved for Social Security Disability and SSI benefits. No matter where you live, you can call us at 888-373-8806.