Social Security Disability Lawyer Blog

In a prior blog, I listed five common mistakes that claimants make when applying for Social Security disability benefits. There are many more potential pitfalls to avoid on the road to approval, however.

1. Not keeping sufficient records. Make copies of any documents you submit with your application, and keep files for all of your medical documentation. The simple truth is, the postal service is fallible and your documents could get lost along the way--or your disability examiner may misplace a file or two. Having a backup copy can prevent any delays due to lost paperwork. Also, it is in your best interest to follow up on any documents you submit to ensure they are received. Make a note of when you called and who you spoke with during the follow up.
2. Not preparing for a long delay between applying for and receiving benefits. The disability process, as I've mentioned before, can be quite lengthy. As such, the time between your application and your first check can last from months to years. If possible, it is always best to make sure that you are financially prepared to deal with this lag time before you apply for benefits.
3. Being unclear about your current job's requirements. Leaving out a physical/mental requirement could be the difference between approval and denial of your claim. You should be sure that you list out every single job requirement that you can think of.
4. Letting your frustration get the better of you. Like anyone else, disability attorneys and claim examiners appreciate a kind demeanor. Taking out your frustrations on those who are in a position to help you will only make the process more difficult. Physicians will be less likely to write a convincing report for your case, and a judge or examiner may be reticent to hear you out. The people involved with your case are almost always struggling under the weight of a vast number of applications, and they rarely move hostile claimants to the top of their piles.
5. Accepting an early defeat. Many applicants every year accept their first denial and never make any appeal for their disability benefits. This is unfortunate, since the majority of claims are approved after an appeal or an ALJ hearing. The process may be trying at times, but if you persist and make the appropriate appeals, your odds of approval are significantly increased.

Work Credits Explained

Whether or not a claimant meets the medical disability listing set out by the Social Security Administration (SSA), to be eligible for Social Security disability benefits (under title II) the applicant must have earned a sufficient number of work credits in the years leading up to their disability. The amount of income required to earn a work credit changes from year to year, but in 2010 a worker can earn one work credit for every $1,120 in taxable income--capping out at four credits per year. In order to earn credits on income, the claimant must have paid Social Security taxes on that income.

The number of work credits required to claim disability is not the same for every claimant, and it depends heavily on your age at the time of disability. What claimants must also consider is that work credits must typically be earned within a recent timeframe. The following is a breakdown of the credits required for claimants at a variety of ages:

• Age 23 or younger - Claimants are required to have at least 6 work credits, all earned within the 3 year period leading up to your disability.
• Between ages 24 and 31 - To qualify, work credits earned since the age of 21 should amount to half-time employment. For instance, a worker that becomes disabled 4 working years after age 21 (age 25) will require work credits totaling the equivalent of 2 years of full-time work (8 credits).
• Over the age of 31 - Eligible claimants are required to have at least 20 work credits earned within the 10 years leading up to the disability. As the claimant's age increases, so does the number of required work credits. By age 62, claimant's will need a total of 40 work credits.

Blind claimants, or those with low vision, have different work credit requirements. Their work credits may be accumulated over the course of all of their working years, and credits may still be earned for work performed even after becoming blind. If vision impaired claimants still do not meet the work credit requirements, they may sometimes acquire benefits using the work credits of a parent or spouse.

If you are unsure about your work credits, or whether your credits are sufficient to be eligible for disability benefits, talk to your disability lawyer. Experienced disability lawyers will be able to help you determine how many work credits you have earned, in what time frame, and whether or not your credits make you eligible for benefits.

After the long, tedious journey of getting approved for Social Security disability benefits, many claimants don't realize that their benefits could be lost. From time to time, the Social Security Administration (SSA) reviews cases to determine whether the disabled beneficiary is still considered disabled. To make this determination, they will look at any improvements in your condition since your original approval, as well as any new evidence of an increased ability to sustain substantial gainful employment.

If the SSA reviews your case and decides that you are no longer disabled, your benefits--including any medical benefits you may have been receiving--will be discontinued. However, as with the original claim that was submitted, claimants have the opportunity to appeal the decision to discontinue benefits if they feel they are still disabled. There are four levels of appeals:

• Reconsideration - Similar to the original process, fresh eyes at the SSA will reconsider your case and the subsequent review that determined your loss of benefits.
• Hearing - If you are denied during the reconsideration, you may request a hearing with an administrative law judge (ALJ) for further examination of your case.
• Appeals Council - The Council will decide to either uphold the decision of your ALJ hearing, or they will arrange for another hearing with a different judge to retry your case.
• Federal Court - If your case is denied on the first three levels and you are unsatisfied with the result and explanation, you may file a lawsuit in a federal district court.

Get in touch with your former disability attorney; someone with background knowledge of your case can help jumpstart the appeals process. Your attorney can determine if you have a case for appealing the loss of your benefits and then walk you through the appeals process, ensuring that your appeals are made by the appropriate 60-day deadlines.

For those that rely on their benefit money and are confident that an appeal will be approved, you may request to continue receiving your monthly benefit payments while you appeal, as long as your appeal is filed within ten days of receiving notification of discontinued benefits. If the appeal is ultimately denied, though, beneficiaries will have to repay any benefits received during the appeals process.