A specific process must be followed in order to receive disability benefits. The Social Security Administration has many requirements and avoiding mistakes can help you be successful in being approved for benefits. Here are some mistakes we see most often made, and how to avoid those mistakes.

First, the number one mistake we often see made is when someone stops working as a result of their conditions but waits several or more years before looking into or pursuing disability benefits. This is very common with short term disability recipients as well as those on Veterans benefits. IT IS IMPERATIVE THAT YOU APPLY WITHIN A FEW YEARS OF STOPPING WORK. To qualify for SSDI, you must have worked 5 of the last 10 years or have 20 of the last 40 potential work quarters. You have paid into social security for this reason; DO NOT let the ticking clock disqualify you from receiving SSDI benefits.

The second big mistake we see made is the belief that “I should only get medical treatment that will fix me.” Most conditions do not have simple fixes, and YOU MUST HAVE ONGOING MEDICAL TREATMENT to show Social Security an attempt to get better, and to possess the necessary medical evidence to find that you in fact do qualify for disability benefits. The Social Security Administration (SSA) expects you to try to get better, whether it is working. If, however, it does not work, it helps your case by showing that you tried and still your severe conditions and symptoms persist.

The third big mistake we see is people trying to work under the table while receiving benefits. You as the disability recipient have a duty to report any and all income to SSA. Your employer is not benevolent; they want the tax deduction on record for showing that they paid you for work. They will do everything they can to obtain this tax deduction. It is very likely that SSA will learn about this, resulting in an overpayment and potential loss of benefits. SSA has Cooperative Disability Investigations (CDI) units that are trained specifically to look for this, and they have increased the number of investigations launched each year.

Another mistake is the approach of “I know I am disabled and do not need a rep or lawyer to prove this.” We hear this quite often. Disability is a legal standard, and while it has a medical component, it is not a medical standard. A claimant with a representative or lawyer is, on average, three times more likely to be successful and win their claim than that of an unrepresented claimant. Additionally, many reps and attorneys advertise this number as relevant to their firm, but this is not necessarily the case. Firms that do more custom-tailored work will result in higher win percentages than those who do not.

The last mistake is finding a jack of all trades attorney. In law school at Michigan State, my professors called them “street attorneys.” These are attorneys that practice bankruptcy, personal injury, and all sorts of types of law as well as disability. They often do not specialize in disability, and they are more likely to get paid more money from the other forms of practice. Financially, it does not make sense for them to focus on a potential $7,200 fee case when their personal injury case might bring in thirty to forty thousand. Be weary of the street attorneys.

At Mission Possible we specialize in custom tailored work. We pride ourselves in our approval ratings, which are a direct result of the amount of time and focus we spend on each and every case. We also ensure that these mistakes previously mentioned, as well as a whole trove of other potential mistakes, are avoided. Feel free to call us to discuss potential representation in the pursuit of your disability claim.

~ Michael