1. Waiting too long to apply
Many times individuals are reluctant to file a claim thinking that their condition might improve or that they will be “giving up” on working in the future. In fact, it is advisable to file your claim as soon as it is clear that your impairment will last at least one year and prevent you from working on a full-time basis.
The disability process can be lengthy. Filing your application early may prevent you from severe economic loss while waiting for your claim to be approved. While waiting, back pay may be accumulating.
For SSDI applications, in most instances individuals are only entitled to benefits for one year prior to the date of the application. Moreover, this program requires that an individual have a certain number of work credits to qualify. Many individuals who have been out of work a lengthy period without filing a claim find out they are no longer covered under this program as their insured status has run out.
2. Assuming you cannot afford a disability representative
Unlike many legal systems, Social Security Disability representatives do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability representatives will be paid a fee only if they win the case (this is called a contingency fee.)
When you first hire a disability advocate whether you are filing for SSDI or SSI, you must sign a fee agreement that may allow the SSA to pay your representative if your claim is approved. The SSA will review the agreement to make sure it meets the fee agreement guidelines. This is to ensure that your representative receives only what he or she is entitled to.
The fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000. Note that the representative will be paid only out of your past-due benefits, or “backpay.” If no back-dated benefits are awarded, the representative will not receive a fee. It doesn’t usually cost you anything to hire a disability representative. The fee will be paid out of the disability award you eventually receive.
When do you have to pay the fee? Usually, you don’t. The SSA takes the entire fee (up to $6,000) from your first disability check (your award of backpay), before the agency sends it to you.
Once you are approved for benefits, the SSA will calculate the amount of backpay you are owed. For SSDI, your backpay will include retroactive benefits you are owed from the date you were approved back to the date the SSA determined your disability began (for a maximum of 12 months back from the date of your application).
For SSI, your benefits are calculated from the date you are approved for benefits back to the month after you applied for benefits. The maximum the disability representative can charge is 25% of your backpay for his or her services, currently up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, a representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA.
3. Not including all of your impairments in your application
Applications for Social Security Disability (SSD) and SSI disability are evaluated on the basis of both physical impairments and mental impairments. Disability claims examiners and judges are required to consider all impairments listed on the disability application. However, some applicants fail to disclose all their conditions, including mental conditions, when they submit an application for disability benefits to the Social Security Administration. In other cases, an individual may not even be aware that they have a condition, such as a decreased IQ or a traumatic brain injury, even though their medical records indicate otherwise. Other issues to report might include chronic pain caused by failed surgeries, fibromyalgia, rheumatoid arthritis, orthopedic injuries, cancer, or other disease process.
As a prior Vocational Expert, Kimberly Engler is able to identify impairments that might have a severe effect on your ability to work in the competitive market. Contact us to discuss your specific impairments and how you may qualify for disability benefits.
4. Failing to File an Appeal within 60 days from the date of a denial.
Missing these important appeal deadlines can have serious effects on your disability claim. In many cases, missing a deadline means re-filing your claim and possibly losing access to backpay. Many people either give up after receiving a denial or fail to appeal their claim within the deadline. A disability advocate will keep track of the important deadlines in regard to your claim and file the appeals accordingly. If you have missed a recent appeal deadline, contact Disability Advocates Group to discuss whether there is “good cause” for the late filing.
5. Assuming you can handle your case without a disability representative
Most people can’t. SSA disability laws are complex. It is important to retain only an experienced disability representative. Disability Advocates Group will help build your case, develop a case strategy, obtain a complete set of your medical records and critical opinions from your doctor that will maximize your chances of success. More often than not, your doctor will not be familiar with the vernacular and criteria that SSA and a judge will utilize in determining whether you meet their definition of disability. It is critical to understand what you need to prove in order to win your case. Most likely, at a hearing there will be Expert Medical and/or Vocational witnesses testifying about your claim. We will be there to understand the intricacies of their testimony and question them on your behalf.