Disability has a very specific definition for collecting Social Security Disability Insurance. It is defined as “the inability to engage in the substantial gainful activity by reason of a medically determinable physical or mental impairment that is expected to last at least 12 months or end in death.” Typically, a worker must be physically or mentally unable to do any work, whether in their previous job or a new one, considering age, education, and previous work experience.

Because disability is so strictly defined, beneficiaries of Social Security Disability are some of the most severely compromised in the country. Often, these individuals are anticipated to die within one to five years of becoming disabled. Those statistics are based on comparisons of other people in the same age group. It’s quite a sobering thought.

Are you or a loved one getting ready to collect Social Security disability? Here are 10 secrets you may not know.

1. Timely Claims are Vital

Make your claim as soon as you can – as soon as you have the necessary evidence to support it. There’s a lot of misinformation here, but basically if you wait too long, your claim will be automatically denied. There’s no need to wait a particular number of months or anything else.

2. Disability Descriptions Matter

The vast majority of claims are first denied. Why? A common reason is poor descriptions of the disability. When it comes to Social Security disability, you want to be as thorough and detailed as possible when it comes to describing what you can no longer do, and how this affects your income, family, etc. Social Security attorneys like Morgan & Morgan may be able to help here.

3. Recent Work is Required

Eligibility for this type of disability is based on your work history. Social Security disability is only available if you have worked 20 out of the last 40 quarters. If you have met this qualification, then you are automatically enrolled. There are no additional qualifications, your social security deductions qualify you (assuming you have made them if you are self-employed).

If the quarter reference isn’t clear enough, 40 quarters is 10 years, so you must have worked at least five of the 10 years before you became disabled. However, sometimes a younger individual becomes disabled, so there needed to be adjustments for age. Those under age 31 must have credit for a minimum of half the quarters from age 21 to when they became disabled. The minimum requirement, in that case, is six quarters or a year and a half of work experience.

4. Checking on Claims Can Speed Them Up

It sounds strange, but if you are worried about your claim, checking up on it can actually make a difference. Checking on a claim is more likely to speed up the process and get the claim pushed to the next level. If you want results, make a few calls.

5. Financial Status Doesn’t Matter

This is another common misconception of the average worker, but the financial status doesn’t matter when it comes to claims. Qualification is required, and the disability must meet the appropriate guidelines, but that’s it. Your current financial status does not impact the decision.

6. There’s no Lifetime Limit

A lot of health insurance has a lifetime limit, but not SSD. You can continue receiving benefits as long as you continue meeting the requirements. Many payouts exceed $100,000.

7. You Can Hold a Hearing and Appeal

Was your claim denied? You can arrange for a hearing to examine your case, and even hold an appeal after that. Only do this if you have strong evidence that you qualify.

There are four steps to the appeal process in a Social Security Disability case. Those are:

1. Reconsideration: you have the right to request a review of the case if you feel the first decision in your case was incorrect. Someone who wasn’t involved in the first decision will reconsider the case and make a decision.
2. Administrative Law Judge Hearing: you have the right to request a hearing before an Administrative Law Judge if you think the decision made during reconsideration was incorrect. You can go online to request this hearing.
3. Appeals Council Action: you have the right to request a review of your case by the Appeals Council if you don’t agree with the Administrative Law Judge. This request can also be made online.
4. Federal Court Action: you have the right to file a civil suit in federal district court if you don’t agree with the Appeals Council or if the Appeals Council decides not to proceed with a review of the case. This is the last level of the appeals process.

If you require the appeals process, you may want to have a qualified Social Security Disability attorney represent you during the process. Experienced Social Security attorneys can help you understand the nuances of the process.

8. You Can Submit Medical Records Yourself

Don’t wait for a doctor to submit medical records. Ask for a copy of your records after the examination, and submit them yourself to help cut some of the red tape and save time.

If you ask for a copy of your medical records, remember it can take up to a month to receive them. You may also be charged a small fee for obtaining copies of your records, so you want to request everything you’ll need at one time.

Your medical records should contain specific information that provides a clear picture of your condition and why that condition deserves a ruling in your favor. Your records should have a formal diagnosis, including when the condition is believed to have started. Any diagnostic procedures should be recorded within your medical records, as well. The records should also include detailed treatment protocols and the results of those treatments.

Ensure that the effects your condition and the treatment of that condition have on your ability to perform simple tasks or complete your job duties are included in your medical records. You want to be sure that a detailed list of symptoms and how those symptoms affect you daily is included in the records you submit with your Social Security Disability petition. Additionally, you’ll want to ensure information regarding the outlook for future improvement or regression is included in your petition.

Medical records provide detailed information, but that information may be quite technical in nature. That’s why it can also be beneficial to have your doctor write a letter to accompany the medical records and provide an explanation that the average individual can understand more readily.

9. A Doctor’s Note May Not Be Enough

Don’t put too much stock in a doctor’s note that your injury will lead to a disability last 12 months or more. This isn’t a magic ticket to a successful claim – your claim can still be denied.

While a doctor’s note isn’t a magic ticket, it can be helpful supporting evidence for your claim. It should be considered supporting evidence rather than the main form of medical proof of a disability. A doctor’s letter can help clarify the points of your claim.

The key to using a doctor’s letter with your disability claim is to go beyond simply saying you are disabled. The letter should be specific and contain detailed information regarding the following:

• Your medical condition
• Medical evidence that supports the diagnosis
• The doctor’s opinion on how the condition limits you or anyone else with the same condition
• A detailed explanation of how the medical evidence and the doctor’s opinion support each other.

10. You Could Be Prosecuted for Fraud

Even if fraud isn’t intentional, you can still be prosecuted for fraud if you make serious mistakes or assumptions.

The Social Security Administration has a zero-tolerance policy for fraud. Their zero-tolerance approach to fraud means the fraud rating is at a fraction of one percent.

The Social Security Administration guards against fraud with the Cooperative Disability Investigations program. They use the program to investigate any suspicious claims before making a decision regarding benefits. So, the goal is to be proactive and stop fraud before it occurs. This is where Social Security attorneys like Morgan & Morgan can also prove helpful.

Their knowledge of Social Security laws can help prevent you from inadvertently committing Social Security Disability fraud. The Administration encourages people to report suspected fraud to the Office of the Inspector General.

Bonus: Disability Knows No Age

Many Americans experience disability, but many think it can only happen to someone else. It doesn’t happen only to older people, either. Unfortunately, thousands of young people suffer traumatic injuries or even get killed in accidents. Diseases like cancer or mental illnesses don’t play favourites and affect people of all ages and from all walks of life.

More than 1 in 4 adults currently around age 20 will become disabled before retirement age. That means they may have to rely on Social Security Disability for financial support at some point in their lives. Sadly, many young people think they’re invincible, so they don’t realize the reality of the possibilities.

Call a Qualified Social Security Attorney

If you or someone you love is about to file a Social Security Disability claim, you might consider hiring a qualified attorney to help you with your case. Contact the attorneys at Morgan & Morgan to find out how they can help you with your disability claim.

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Original article revised on Jan 13, 2023