What are Social Security Disability claimants doing wrong?

 1.  Not filing an appeal

You only have sixty days to appeal a Social Security Disability denial in Missouri. You have only sixty days to file for reconsideration in Arkansas and Oklahoma. When your reconsideration is denied you only have sixty days to file your appeal as well.

If you miss any of these sixty day deadlines, then you have to file a new initial claim and start the process all over. This can cost you money in a lot of ways, but most importantly you can wait around until you are no longer insured under the disability program leaving you with only having SSI available to you.

SSI is typically a smaller monthly check, Medicaid as opposed to Medicare and in addition to meeting the disability requirements, you must also meet the income and asset guidelines for SSI eligibility.

 

2. Waiting to file an initial application.

Many people that call my office think that they must be out of work for a year before they can apply for benefits; this is incorrect.

Once a claimant stops working due to health issues and they expect to be out of work for a year or longer they should apply.  It is always best to file an initial application as soon as possible.

 

3.  Telling their doctor they are doing better when they are not.

A patient with a condition that as pain that changes daily sees the doctor and tells them everything is fine or they have improved, because they just so happen to be seeing the doctor on one of their good days or they just dont want to complain.  Social Security will use this agaisnt you.   Instead tell them in detail how you have been feeling.  Be specific as to time distace etc. By being specific and explaining to your doctor how your condition varies from day to day you can help to eliminate the phrase in your medical records that can cost you your benefits.

 

4.  Not being truthful with their doctor.

See number 3.  But also not telling your doctor about all your symptons and problems due to embarrasment etc.

 

5.  Not heping their disability lawyer prove their case

See my earlier post on the subject.  

 

The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a disability attorney, but we only handle Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to file your appeal or ask for a reconsideration if you live in Arkansas or Oklahoma.
 

Common Complaint #3 heard during KY3 Call a Lawyer

I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

I heard several combinations of the following:

My______________(cousin, friend, neighbor, etc). got benefits, but there is nothing wrong with him or her.

or

My _____________(cousin, friend, neighbor, etc) got benefits a lot faster than my case is taking.

or

They didn't have to go to a hearing.

or

Their wait for a hearing was a lot faster than mine is taking.

or

My lawyer is slowing down my claim.

A lot of people who receive social security  benefits have severe conditions that others cannot see or they do not tell others about. It is likely that they, too, had to fight or their benefits. 

Every claim and claimant is different.  You should focus your efforts on your own claim and what you need to do to be successful on appeal.  

Your friend, relative or neighbor probably has no idea about the problems you face. 

Contrary to what some claim, they cannot "cut the line" for you nor do they "have an inside source at the ODAR office" that gets their cases heard faster.  

Likewise your attorney cannot slow down your claim either. (unless a continuance is requested from a set hearing date.  Social Security will send you notice of this in the mail.)  

If your disability claim has been denied by Social Security, you can get a free Social Security Disability claim consultation from The Krebs Law Firm LLC. You have a very short 60 day deadline to file your appeal, so do not delay in contacting a Disability lawyer as soon as possible.

Common Questions from KY3 Call a Lawyer Part 3

I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.
 


To appeal a denial, should I just  file a new application?

 A. No.  If you are in Missouri you should contact a social security disability attorney immediately to file an appeal or a file reconsideration in Arkansas or Oklahoma.   A new application will most likely be denied for the same reason as the last.  Statistically, most claimants are awarded only after being heard by an administrative law judge. Your claim will never get before a judge if you keep filing new applications.  In fact you can destroy your claim by refiling because if you wait too long you will no longer be insured under the Social Security rules.  

Call 417 883-5886 for a free consultation regarding your disability claim the day you receive your denial.  Do not put it aside to take care of later, you have a limited time to file your appeal or reconsideration.

Common Questions from KY3 Call a Lawyer Part 2

I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

Common Question #2

 

Should I apply for disability benefits?


A.  Yes if you have a medical condition that is severe enough to prevent you from working and earning over $1,010 a month and is expected to keep you from working for a period of at least 12 continuous months, then you should apply right away.  You do not have to wait a year to apply.

 

Common complaint #2 heard during KY3 Call a Lawyer

I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

I heard several combinations of the following:


I hired __________(big local or national disability firm) and I can't talk to my lawyer,
or

I have had __ # of lawyers in the last year with the _______ firm 
or

The guy in the ad is not my lawyer, I've never met him.

Unfortunately while people are represented by an attorney, other lawyers should not give you advice. This is an ethical issue for the 2nd attorney. The only thing I can tell them is keep calling until you get a response or go sit in their waiting room. Calling other lawyers to ask questions related to your current lawyer or to interpret documents from your case is not appropriate.

The alternative is to fire the attorney and make another choice for your disability lawyer. This will not delay your case as some like to suggest, assuming you do not already have a hearing date and your new attorney needs a continuance to get your file together. It should not cost you additional money either. All attorney fees are approved by the judge. You may be responsible for some expenses regardless for medical records etc. The question you must ask yourself is "Do I feel comfortable with where I am now?

Please understand that not hearing from your lawyer should not be confused with not getting the answer you want to hear. Good attorneys will honestly discuss the weak points of your case. You should not take insult from this or feel your attorney " is not fighting" for you.