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Tuesday, November, 24, 2009
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Seven Common Mistakes When Filing for SSDI

Sue Bergeson
Sue Bergeson
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4. Exaggerating the impact of your disability. On the other end of the spectrum are people who want to make their condition appear worse than it is. For example, a man who uses a cane at a hearing before an administrative law judge but doesn't normally use a cane would be over-representing his condition. "If the judge asks to look at the cane and sees the tip is not worn, the claim is immediately suspect, even though the claimant may have had a legitimate case if he'd just stuck to the unexaggerated truth," Swierczek explained. "It is important to elaborate, but not exaggerate."

 

5. Being vague about your work history. Knowing what the expectations are for your work, and showing accurately from the outset why you can't perform this work any longer, is an essential part of qualifying for SSDI benefits.

 

For example, Swierczek said, a service technician might be required to drive for extended periods as part of the job. "If your impairment means you can only drive for 10 minutes without experiencing extreme pain, yet your job requires you drive in 60-minute stretches, you need to make it clear on your disability application what the work expectations are and what your limitations are," said Swierczek.

 

"Otherwise, you may end up in double jeopardy: Your disability claim is rejected because the Social Security Administration believes you can still perform your work," he said. "But you're out of work because you really can't meet the requirements of the job."


6. Missing the appeals deadline. The Social Security Administration denies more than 60 percent of all initial SSDI applications, but there is a formal appeals process with three levels. If you are rejected at any level, you have only 60 days to appeal to the next level. If you miss the deadline, you need to start the process from the beginning.

 

If you've applied on your own and received a denial, it's not too late to choose an SSDI representative ... to handle the appeal and continue with your case. Taking this step may make the difference in experiencing further delays to receiving your SSDI benefits.


7. Giving up. The process can be excruciatingly long and cumbersome. Nearly 750,000 people are waiting for a hearing before an administrative law judge, which is only one level of the SSDI appeals process. For individuals already facing significant physical or mental disabilities, this delay can add to the difficulty. Bueltemann, however, is quick to point out that receiving SSDI is a benefit that individuals with disabilities and their families have earned, if they meet the SSDI requirements. An SSDI award also is essential in securing other forms of financial support, including Medicare benefits and retirement protection.

 

"It may not be as easy as it should be to receive your payments, but don't give up," Bueltemann said. "Make sure you have good representation and don't lose hope that you can secure your benefits."

 

There's a quote I like from the ancient Roman poet, Ovid, that says, "What is harder than rock, or softer than water? Yet soft water hollows out hard rock. Persevere." That's as relevant today, in the 21st century, as it was in Ovid's time, over 2,000 years ago.

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