Wednesday, January 29, 2020

YOUR DISABILITY DECISION IS PROBABLY WRONG

There is a 50 percent chance Social Security made a mistake on your disability application.  

Here are some of the common "errors" or misjudgments that I see on SSDI claims in Alabama:

1.  They don't get all of the medical records.  

2.  They assign an overly optimistic job functional rating.  For example, they say you can do light work when you're really limited to sedentary work.

3.  They don't give enough weight to emotional or psychological impairments, such as anxiety, depression, panic attacks, etc.

4.  They ignore your doctor's opinion.  

5.  They assume that because you can do some activities of daily living that you can work.  I see denials that say something like:  "You are able to walk, shop for food, care for your child and do most activities.  Therefore, you are able to adjust to some types of work."

Activities around the house are different from activities at work.  For one thing, no one is making demands of you.  If you don't get enough done around the house, you aren't going to be fired.  For another, you can stop and rest from your household activities whenever you need; you cannot do that on the job.  If you wake one morning with a roaring migraine, you can stay in bed.  Not true if you're trying to hold down a job.

The appeals process is where mistakes get fixed.  It's important to talk to an attorney or disability advocate if your SSDI case gets denied. 

Almost half of SSDI denials are overturned and paid on appeal.

This assumes that you have adequate representation by someone who understands how to handle an appeal.

Therefore, the 3 most important things you can do when your claim is denied are:
1.  Appeal
2.  Appeal
3.  Appeal 

 

 

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