More than two million people apply for Social Security Disability benefits annually. Unfortunately, the bulk of these applications (approximately 70%) get turned down at the beginning of the process. Most denials are due to the disability applicant’s errors. If you want to improve your chances of receiving disability benefits, and your application approved, avoid the most common mistakes people make when applying for benefits from the Social Security Disability by contacting a Baltimore SS disability lawyer.
The following are the primary blunders that disability applicants make the most:
- Listing an incomplete job history
- Tax records do not match the income listed
- There are grammatical and typographical errors
- You’re not applying for all of the benefits to which you might be entitled
- Instead of filing an appeal, you reapply
- Not adhering to your doctor’s rehab or prescription instructions
- Before filing your appeal, you did not evaluate or update your documents
- Not verifying the status of your claim
- I’ve been putting off filing for far too long
- Not changing doctors when yours isn’t helpful
- Failure to disclose mental health issues on applications
- Missing essential deadlines for appeals
- You haven’t prepared for your hearing
- Not submitting all of your medical records to the Social Security Administration (SSA)
Below are six of the top SSD errors in detail, and before you end up on that list, consult with social security disability lawyers for assistance.
Failure to Show up for Your SSD Consultation Exam (CE)
Attending a CE exam is required if you wish to receive disability payments. If you fail to show up for a scheduled appointment without good reason, The Administration might decide without all the facts. If you do not show up for your consultation examination, your application will likely get denied, so contact a social security disability lawyer.
Working While Filing a Disability Claim
Although there is no regulation prohibiting you from filing a disability claim while working, your claim is likely to be denied if you do so. When you file for Social Security Disability payments, you’re saying that you need them because you’re unable to work in a significant way. When you apply for Social Security Disability payments, if you are working and making an income, you contradict your claim that you cannot work. It means your prospects of receiving disability compensation are incredibly minimal to none.
Applying Too Early for Disability Benefits
Your disabling condition must seem to endure at least twelve months to qualify for disability compensation. It may be more challenging to prove that you have a long-term or permanent handicap if you apply for benefits too soon. Before you qualify for the help you’re looking for; the Social Security examiner may believe that your condition will improve. As a result, you should only apply for benefits after determining that your handicap will continue for at least one year.
Thinking That the Consultative Exam Evidence is Sufficient
Some persons enter the Social Security Disability application procedure without having sufficient medical documentation to back up their claim. They do so with the assumption that the Social Security Administration’s consultative exam will provide adequate proof to prove their disability. The truth is that consultation tests rarely, if ever, give sufficient evidence to establish a handicap on their own. Instead, the SSA will evaluate the results of the consultation exam in conjunction with your supporting information to determine whether your application for disability payments should be denied or approved.
Not Adhering to Prescribed Treatments
In some situations, a Social Security Disability applicant will refuse to receive or follow medical treatment because they believe it will worsen their illness and prevent them from receiving the disability payments they require. The truth is that the Social Security examiner who is looking at your claim will also look into your treatment history. The examiner will look to see if you have had treatment for your ailment and how well you have responded to any medicines prescribed to you. Your disability application may get dismissed if you have not followed your doctor’s treatment recommendations.
Failure to Use Social Security Disability Attorneys for Your Appeal
If the SSA denies your initial disability claim, you should contact a disability social security disability attorney at the Law Offices of Terri D. Mason to defend you during your disability appeal. With skilled legal assistance, your chances of receiving rewards during the appeal procedure increases. Many people are hesitant to hire an attorney because they believe they cannot afford one. An SS disability lawyer, fortunately, works on a contingency basis, meaning payment only happens when you get paid.
In the United States, many people struggle with a debt problem. An estimated 1 in 3 adults with a credit history are so far behind on some of their debt payments that their account has been put “in collections,” according to recent research.
If you find yourself in this situation, and you are retired, you may be wondering how your debt problems will affect your Social Security. This is an important question for the more than 64 million people who collect Social Security benefits.
Our team at the Law Offices of Terri D. Mason can help you manage this problem. We are Baltimore-based Social Security Disability Attorneys who work with a wide range of clients who are being taken advantage of or facing unfair garnishment due to their debt problems.
Will Creditors Take My Social Security Disability Benefits Away?
The good news is your social security benefits are safe from creditors and debt collectors in most cases. They only reason your Social Security may be in question is if you become delinquent on your federal income taxes, federal student loans or child support or spousal support payments.
In fact, in all other cases, if a debt collector threatens to take away your social security benefits, they may be violating the Fair Debt Collection Practices Act. If your feel like your rights have been violated under this act, you should seek out the services of social security disability lawyers.
This is true even if you are sued and lose that case. In addition to your social security benefits, the following benefits are protected from garnishment and bank levies under federal law:
- Social Security benefits
- Supplemental Social Security Income
- Veterans’ benefits
- Federal Employee Retirement System
- Civil Service Retirement System
- Federal Railroad Retirement, Unemployment, and Sickness Benefits
A SS disability lawyer will be able to help determine if your rights have been violated under the Fair Debt Collection Practices Act.
How to Protect Your Social Security Income
While your Social Security Income should be safe from garnishment even after it has been deposited into your bank account, that may become difficult if the Court cannot clearly identify which funds are exempt and non-exempt funds. You need to be sure it is clear where each deposit into your bank account is coming from.
For you to be able to keep your Social Security, the Court must be able to determine from your bank records and statements which money is Social Security income. If they cannot, then they may ultimately decide that none of the money is exempt.
The good news is, if your Social Security is direct deposited each month in the same way from the Social Security Administration, it will show up the same way at the same time from the U.S. Treasury and that will be a clear delineation for the Court and any creditors which money is exempt from garnishment.
When to Contact an Attorney
You should contact a Social Security Disability lawyer if you feel like your Social Security is being improperly garnished. We can help if you feel like:
- You don’t owe the debt
- The legal fees will exceed the amount of the debt
- The creditor is taking too much
- You want to work out other payment arrangements
- Your employer is threatening to fire you because of the garnishment
- The creditor is trying to get around the wage exemption by garnishing a bank account.
Should You Declare Bankruptcy
When you work with a social security disability attorney to help you deal with your debt or creditors, he or she will also be able to advise you on whether or not bankruptcy can help you get back on your feet.
The good news is, if you are on Social Security, your benefits are exempt and therefore protected in bankruptcy.
Contact the Law Offices of Terri D. Mason
If you need help managing your debt or creditors or if you feel like your Social Security is being unfairly garnished or threatened, the Law Offices of Terri D. Mason — a Baltimore SS disability lawyer — can help you manage your case. We work with a wide range of clients to help ensure their rights and money are protected.
According to the US Census Bureau, more than 330 million people live in the country. The Department of Health and Human Services reports that just over 60 million of them live with a disability. Disabilities are wide-ranging. Therefore, it is essential to have a disability to protect your mind and finances if you get hurt and a physician deems you as disabled.
Here are 10 of the most common conditions that are considered disabilities.
1. Coronary Artery Disease
Heart disease and cardiac problems cause heart attacks, heart surgery, different cardiac treatments, and chronic conditions. Numerous disability cases leading to a denial involve heart disease and cardiac disorders. Employees with cardiac difficulties, on the other hand, are frequently expected to return to work after 60 days, even after heart surgery.
The surgery was successful, and the issue is manageable; nonetheless the patient must stay away from aggravating circumstances, according to a cardiologist. Stress can trigger more cardiac arrests, and heart disease (and its treatments) can induce significant weariness, all of which can impair a person’s ability to work effectively, requiring the help of a Baltimore SS disability lawyer.
2. Musculoskeletal Disorders/Lumbar Cervical Issues
Lumbar, cervical difficulties, and musculoskeletal illnesses are the most common medical conditions in disability insurance claims. Many claimants with lumbar, cervical problems have herniated disks and back problems, have had spine fusions, or find it challenging to sit for lengthy periods due to pain. When workers must sit at a desk to fulfill their job functions, this becomes a severe issue.
3. Problems with Mental Health
Mental illnesses can be just as incapacitating as physical ailments. Depression, anxiety, post-traumatic stress disorder, bipolar disorder, cognitive impairments, and other psychiatric illnesses are only a few examples. These conditions may have been present in a person’s medical history for a long time, but some triggers and stressors exacerbate them.
Furthermore, a person with a physical claim is more likely to have a secondary mental health condition like depression.
A social security disability lawyer from the Law Offices of Terri D. Mason will step in and ensure that the disability claim focuses on the physical restrictions that pay up to age 65 or retirement age.
4. Disorders of the Nervous System
Nervous system illnesses, which include conditions like multiple sclerosis and Parkinson’s disease, are among the top five causes of disability claims. Because these are progressive conditions, obtaining disability benefits might be challenging.
The insurance company may agree that the worker has relapsing-remitting multiple sclerosis. Still, the claimant hasn’t had a relapse in a long time, concluding that the claimant can work. That’s when a SS disability lawyer will collaborate with the neurologist to conduct additional tests and paperwork to the policyholder’s benefit.
According to our social security disability lawyers, if the disabled claimant’s condition has changed, it must be documented.
No one can dispute a cancer diagnosis. However, cancer has seen far more cures in recent years, resulting in disability conflicts over whether patients can return to work.
Despite the existence of models for cancer patients to get back on the job, some employees face significant limits due to treatment processes. They’ve had chemotherapy and might be experiencing symptoms such as “chemo brain” or “chemo fog,” as well as cognitive challenges, functional restrictions, mental nerve troubles, weariness, and weakness. The effects of cancer and its therapies can have long-term consequences.
It will be more challenging to justify disability with the insurance company and employer after the initial surgery or chemo treatment. It is also possible to get fired from your job after a 90-day break; thus, showing an inability to resume previous work levels takes time.
6. Accidentally Sustained Injuries
Any one of us could get hurt at any time due to an accident at home, work, or anywhere. You have a disability when your injuries prevent you from doing your job.
Employers frequently provide short-term disability benefits for pregnant employees, even though pregnancy isn’t a handicap in the traditional sense. If difficulties emerge, you may require more long-term benefits.
Why You Need a Social Security Disability Attorney
We recommend contacting the Law Offices of Terri D. Mason regardless of the sort of disability claim you have. Our social security disability attorneys help policyholders with the intricacies of disabilities claims so you can have peace of mind. Whatever your issue, we’ve dealt with similar cases. We offer a free initial consultation and eagerly await your call.
According to the Social Security Administration (SSA), under both the title II and title XVI programs, medical evidence is the critical factor that determines disability.
Each person filing a disability claim must provide medical proof of their disability and the extent of the disability. However, with the claimant’s consent, the SSA will obtain medical evidence from medical providers who treated the claimant.
When necessary, SSA also obtains copies of medical evidence from health facilities.
Claimants who give the SSA correct information and documentation on time can have their claims processed more quickly, and a social security disability lawyer can help expedite the process.
To prove a claimant’s disability, the Social Security Administration (SSA) requires thorough medical documentation. SSA regulations demand “objective medical proof” from an “acceptable medical source,” defined in their rules.
The SSA weighs every piece of medical and non-medical evidence after establishing an impairment to determine its impact on the claimant’s ability to work. For children, it’s about the functionality of their peers with no impairments. Everyone from home to work, the community, and religious organizations can be non-medical sources.
Claimants must inform SSA of all evidence relating to their disability or submit it to SSA. This obligation is ongoing, for further proof that comes to light during the administrative review procedure and should be complete and precise enough for the Social Security Administration to determine:
- The nature and extent of the claimant’s disability (s),
- How long has the claimant had the impairment(s)
- Can they continue to perform mental and physical activities at work while suffering from them
Exams for Consultation
If the claimant’s data is insufficient to decide whether they’re incapacitated, the SSA might arrange a consultation examination (CE) for clarification. In most cases, a claimant’s medical source(s) is recommended for performing the required exams, and SSA will cover the permitted charge for the CE. SSA sometimes utilize independent medical source if:
- The claimant’s physician declined
- The claimant’s medical source(s) lacks the equipment necessary to give the exact data required
- There are disputes or discrepancies in the file that cannot be resolved by returning to the claimant’s medical source
- The claimant prefers and has reasonable justification for using another source
- Because of previous experience, SSA understands that the claimant’s medical source(s) may not be a productive source
- The claimant’s medical source(s) is not qualified, as defined by regulation, which social security disability lawyers can help you to correct.
Content of the Consultative Examination Report
The CE report should include all the examinations in total, which should contain the following:
- Principal or primary grievance(s) of the claimant
- A thorough explanation of the history of the principal complaint(s) within the scope of the examination.
- A detailed description of lab, history, exam, complaints, and any other abnormalities or lack thereof reported or found during analysis or laboratory testing; results of laboratory and other tests (for example, X-rays) performed according to the requirements stated in the Impairments Listing
- The claimant’s impairment(s) diagnosis and prognosis.
A statement regarding what a claimant can perform and their limitations in the following abilities in adult claims:
- Handling physical tasks at work.
- Understanding; remembering; sustaining focus, tenacity, or pace; carrying out instructions; or responding effectively to supervisors, coworkers, or work pressures in a work situation.
- Ability to meet other job requirements, such as seeing, hearing, or using other senses; and
- Being able to adjust to changing conditions in the environment, such as temperature extremes or pollutants.
A statement about the child’s limitations and restrictions compared to peers without impairment:
- In acquiring and using information
- Attending to and completing tasks
- Interacting and relating with others
- Moving around and manipulating objects
The evidence presented by the consultant who signs the report will represent the history, examination, interpretation of laboratory test findings, and conclusions.
SSA considers all options related to the complaints when creating proof of the consequences of symptoms such as pain, shortness of breath, or weariness on a claimant’s capacity to function.
The evidence includes information on the claimant’s daily activities, ailments, accelerating and aggravating factors, medications; any measures the claimant uses or has used to relieve pain or other symptoms; and other factors. A social security disability attorney can help you get the correct information.
The SSA analyzes all these variables when evaluating the claimant’s pain or other symptoms. The medical source must mention these issues in their findings.
How an SS Disability Lawyer can Help
It can be challenging to ensure that the Social Security Administration gets all it requires, but a Baltimore SS disability lawyer from the Law Offices of Terri D. Mason can assist you. Social security disability attorneys can liaise between the SSA and your medical providers, resolving communications and medical evidence submission delays.