6 Mistakes to Avoid When Appealing a Denial of Social Security Disability Benefits

Hire a Lawyer and Move Forward

Hi, this is Dave Steinberg. I'm an attorney, and one of the areas that I concentrate in is Social Security Disability. Today, I'm going to discuss six mistakes to avoid when appealing a denial of Social Security Disability benefits.

Knowledge is power when dealing with the Social Security Administration. To improve your chances of a successful appeal, avoid the following common mistakes made by disability claimants:

1. Giving up Without Appealing

Do not assume that your case is lost because the Social Security Administration denied your initial application. Most initial applications are denied. However, Social Security approves a large number of appealed claims every year. There are many reasons your claim may have been denied in error. Whatever the reason, when you appeal, you get the opportunity to present your case to a judge. The judge will review your claim more thoroughly than a claims examiner.

Don't give up too soon. Failing to appeal is probably the biggest mistake you can make. You have 65 days from the date of your denial letter to file your appeal.

2. Failing to Hire a Lawyer Because You Think You Can't Afford To

Being unable to earn an income can be frightening. You likely have mounting medical costs and past-due bills. The last thing you want to do is to add legal fees to this burden. However, your attorney will not charge a fee for legal services until you start receiving benefits. The usual fee is 25% of back benefits, up to a maximum set by law.

Don't try to handle your appeal without a lawyer because you think you can't afford one. A lawyer's help is essential at your hearing. Claimants with lawyers have a better chance of winning after a hearing than claimants who represent themselves.

3. Waiting Until the Last Minute to Hire a Lawyer

Hire a lawyer when Social Security notifies you your claim is denied, or even sooner. Don't wait until you get a notice of the date for your hearing. If you delay, your lawyer may not have enough time to get your case ready for your hearing.

Meet with a Social Security Disability lawyer in the early stages of your application or appeal. You will have time to find the right lawyer for your needs, and your lawyer will have plenty of time to prepare your claim.

4. Giving Up on Treatment

Don't give up on treatment, even if you feel it's not helping. The judge wants to see recent medical evidence confirming your condition. If you stop treatment, the judge may assume that you have recovered. Seeing your doctor regularly and reporting all of your symptoms at each visit are critical to improving your chances of success.

5. Not Recording Your Symptoms

There is likely to be a long delay between the time you request a hearing and the day your hearing is scheduled. No matter how good you think your memory is, it will fade over time, and events will become muddled. To keep your memory sharp, keep a symptom diary.

A symptom diary is a written record of your symptoms and their impact on your daily life. Use your diary to document pain, headaches, fatigue, or other symptoms, and to record your treatment, including your medications and their side effects.

6. Saying Too Little at Your Hearing

You need to provide enough details in your testimony to convince the judge that awarding you disability benefits is the right decision. The hearing is your opportunity to talk to the judge, to speak directly to the person who will be deciding your claim. Don't waste it. Tell the judge everything you want him or her to know about why your condition prevents you from working.

To Recap

Don't make these mistakes if your claim for disability benefits is denied:

• Giving up without filing an appeal.
• Not hiring a lawyer because you think it'll be too expensive.
• Waiting until the hearing is scheduled to get a lawyer.
• Not continuing treatment or ignoring your doctor's treatment recommendations.
• Not keeping a record of your symptoms to refresh your memory before you testify.
• Not telling the judge enough details about your condition so that he or she can understand how disabled you are.

I am here to discuss your situation. You may call me anytime at 301-589-4597.

The processing time for an SSDI claim can be quite long. So the sooner you get in touch with a skilled SSDI attorney, the better. I can help speed your case through the system—especially if your situation is desperate, either financially or medically. I may even be able to request an On the Record (OTR) decision, which would allow you to receive benefits without a hearing.

You deserve a compassionate advocate who will fight for you to receive the SSDI benefits you’re entitled to. Call 301-589-4597 or email me at ds@dsteinlaw.com today for a free consultation about your disability case.