When preparing clients for Social Security disability hearings, it can be a struggle to keep them focused on things that matter. There are certain things that simply have no relevance to Social Security and gong into them will not help win your claim. There must be 500 "things that don't matter." But I only have time for 6 of them:
It Doesn't Matter How Bad You Need the Money. You may be tempted to tell Social Security that your home mortgage or rent is 3 months past due, that you are about to have your car repossessed, or that you can't buy school supplies for your kids. However, Social Security is not a needs based program. It only matters if you meet their definition of "disability" based on your age, education, past work experience, and residual functional capacity (what you are able to do).
It Doesn't Matter How Other People Got Approved. Please avoid statements like: My neighbor (sister, brother, friend, uncle) isn't nearly as sick as I am, and he/she got approved right away. That does you no good at all and if you say that to a judge it irritates him and may hurt your chances. Simply put, it just doesn't matter why someone else got approved.
It Doesn't Matter Why You Are Still Working. If you filed for disability, then went back to work, it will probably disqualify you for disability benefits. It really doesn't matter why you went back to work. If you are earning at least $1,260 in gross employment wages or self-employed activity, you do not qualify for disability benefits under the law. Explaining why you are working doesn't help. I needed to keep my health insurance, I had to work to put food on the table, I was about to lose my house... You are working or you're not. You check the box or you don't. It doesn't matter why to Social Security. It is legally impossible to be "disabled but still having to work" with Social Security.
It Doesn't Matter Why You Have No Medical Evidence. There can be many reasons why there is no medical evidence in your folder. You have no health insurance, you are not working, and you can't afford to go to the doctor. Still, Social Security cannot and will not base an award on evidence that does not exist. They will take the attitude that there are free clinics and treatment options available that you could use, at least on a limited basis, to get evaluated and treated. For example, if you have high blood pressure and tell the judge that you can't afford blood pressure medicine, he/she will respond: There are at least 3 pharmacies right here in town that will provide blood pressure medication for $0 to $3.
It Usually Doesn't Matter Who Believes You Are Disabled (Unless It's the Judge). Having your spouse, family member or friend testify that they believe you are disabled is most likely worthless. Even your doctor can't simply say, "I think this person is disabled and can't work." A doctor may state the specifics of WHY you are disabled but they must provide objective medical evidence to support it. Sometimes, a detailed letter from a former employer or supervisor can have weight. Even then, you need some medical evidence from your doctor to support the opinion.
It Doesn't Matter Whether Social Security Uses Common Sense or Not. I hear a lot of claimants say, "That doesn't even make common sense." Unfortunately, Social Security doesn't go by common sense; they go by the 20 Code of Federal Regulations and the Social Security Act.
"Prove Up to the Regulations and Get Paid. Fail to do so and you won't."
The goal is to convince Social Security that you meet the federal regulations for disability benefits. Those rules are very specific and very demanding. They key word is PROVE .
Comments
Post a Comment