Principal Attorney
When you develop a medical condition or disability that leaves you unable to work, you may decide to apply for financial assistance from the Social Security Administration’s disability benefits programs. However, you may face various challenges during the application. Knowing what to expect when seeking disability benefits can help you avoid pitfalls that may delay or jeopardize your claim.
Understanding Eligibility Requirements
Eligibility requirements for Social Security disability benefits differ between the two benefit programs – Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For SSDI, applicants must have a sufficient number of total work credits and recent work credits, with that number dependent on the applicant’s age when their disability began. Conversely, SSI has asset and income thresholds that applicants cannot exceed.
Both programs also require applicants to have a qualifying disability under Social Security regulations. The Social Security Administration may deem a medical condition a disability when it has lasted for at least 12 months or will likely last for at least 12 months or result in death, and it prevents an applicant from engaging in substantial gainful activity, earning more than a monthly threshold of income from work.
Incomplete or Inaccurate Medical Documentation
One of the biggest challenges applicants face when seeking SSD benefits is not having sufficient or complete medical documentation to prove the existence of a disabling condition. For example, an applicant may have gaps in their medical records, insufficient records from medical specialists more qualified to diagnose the applicant’s condition, or vague reports or notes from treating providers. Alternatively, an applicant may have a record of inconsistent treatment or rehabilitation, which can also jeopardize eligibility.
Application Errors and Paperwork Mistakes
The Social Security Administration frequently delays or denies SSD claims due to errors in an applicant’s paperwork, such as missing information or incorrect dates. The SSA typically requires applicants to fill out all fields in applications unless instructed otherwise. Leaving fields blank, even if an applicant does not have relevant information to provide, can delay processing as the SSA may ask for additional information.
The confusing nature of application paperwork may also lead applicants to provide contradictory information, which may result in the SSA asking for clarification or denying the application. Furthermore, the agency may deny disability benefits claims when applicants fail to meet deadlines for providing additional information or refuse to attend compensation and pension exams designed to provide claims reviewers with updated medical information.
Lengthy Delays and Backlogs
Due to the limited resources of the Social Security Administration and state disability determination services offices, SSD claims can face delays and other administrative backlogs. As a result, it can take several months for an applicant to receive a decision. Furthermore, most applications result in denials, sometimes due to applicants not meeting eligibility criteria or submitting inaccurate or insufficient information, but sometimes due to oversights by claims reviewers. As a result, applicants may face even longer delays in receiving benefits when they must pursue administrative appeals of denials of their initial applications.
Difficulties Navigating the Appeals Process
Because the Social Security Administration denies the majority of SSD claims on initial review, most applicants must file administrative appeals or submit new applications if they miss the appeal deadline. The Social Security Administration offers three avenues of appeal, with applicants able to pursue each avenue within the appeal period. Each avenue has advantages, such as speedier decisions or the ability to submit supplemental information, or disadvantages, including a more complex or time-consuming process. Having legal representation often becomes critical to success during an administrative appeal of an SSD claim.
Contact an SSD Lawyer Today
When you apply for Social Security disability benefits, having experienced legal counsel can help you navigate the challenges you may face during the application process. Contact Disability Advocates Group – Florida today for a free, no-obligation consultation with an SSD attorney to learn more about what to expect when applying for Social Security disability.