Many people ask how to win a Social Security Disability case. However, it also might be helpful to analyze why people lose their claims. Here are my top 6 reasons why a case is not successful.
- You are working while applying for disability. Nothing hurts a case more than claiming you cannot work while simultaneously working. When I realize my clients have been working and it constitutes “substantial gainful activity” we usually have two options. If the work has stopped, then they need to amend the onset date to a time after the work ended. If the work has not stopped, we may be able to claim a closed case to cover that period of time when they were not working – provided it lasted at least twelve months. If you never stopped working, then dismiss your application.
- You are not treating with a doctor. I know how hard it is to access medical care when you have lost your healthcare insurance and you have no income due to a job loss. However, you must find alternative ways to treat for your severe medical impairments. Go to your local emergency room or to a nearby community healthcare center and ask for help. It is very difficult to win a disability case if you do not have current treatment records. And no, Social Security will not send you to one its doctors. Consultative exams are not treatment. Occasionally, the CE reports are supportive of disability, but that alone will rarely result in a favorable decision.