Guarding Against Social Security Denials

Law Blog

If you are so seriously affected by a medical condition that you are unable to work, the Social Security Administration (SSA) might be able to help you. You must tread carefully as you go through the application process because the requirements for approval are strict. Read on for some examples of behavior that could have you receiving a denial of benefits letter from the SSA.

1. An inaccurate or less-than-honest stating of your medical condition.

It can be tempting to exaggerate your symptoms in the hopes of getting the benefits you need. The SSA, however, only approves benefits for those that can prove their medical conditions. You must show not only that you have a qualifying medical condition, but that the medical condition is causing you to be unable to work. That means you must be prepared to show proof in the form of your medical records and test results. Additionally, if the SSA determines that your medical evidence falls short of what is needed, they may ask you to be examined by a special SSA doctor.

2. A history of fraud in connection with other government programs.

All government programs are connected in some way, so problems with one will result in a domino effect of problems with others. For example, if you have been convicted of fraud in connection with food stamps, a VA loan, student loans, Medicaid, the IRS, and more, you will probably be unable to be approved for SSA benefits as well.

3. An incomplete education assessment.

The SSA looks at many facets of your life and your educational history and level is an important indicator of your ability to work at jobs in the future. In fact, if your education level is high, the SSA might be more reluctant to approve your application since you are more likely to be able to work at a larger variety of jobs even given your medical condition. The SSA, however, verifies the information on your application and lying about any aspect will cause your application to be denied.

4. Move your date of disability back.

The SSA looks back at the date in your past that you became unable to work at your job. That date is used to calculate your back pay. Back pay is a lump sum payment provided to approved applicants and is meant to cover the time between your disability and the time of approval. This date is verified by checking with employers and your doctors before your back pay is approved, however.

If you've been turned down, contact a Social Security disability attorney to represent you at your appeal hearing.

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30 November 2018

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