Sunday, January 24, 2021

WILL SOCIAL SECURITY PAY YOUR DISABILITY CLAIM IN 2021?

 What are the chances Social Security will pay a disability claim filed in 2021?

Answer:  The odds are poorer than at any time in recent history.

However, there are 7 things to help increase your chances and get your disability claim paid:

1.  Don't waste your time without an attorney.  SSDI claims paid without an attorney are about 31 percent, vs. 60 percent with an attorney.  Concurrent SSI + SSDI claims stand at about 6 percent paid without an attorney and 59 percent paid with one.  No need to say more.

2.  See your doctor before filing.  Social Security law declares that impairments must be "medically determinable."  Get all of your disabling medical conditions verified by your doctor(s), then file Social Security disability.  Without medical evidence, it's totally hopeless.

3.  Sign and return every form that Social Security sends you on time.  Fill out and return any paperwork they send you on time.

4.  If Social Security schedules you to attend one of their examinations, show up 15 minutes early (not just on time):

  • Take all your prescriptions medicines with you.
  • Cooperate with the examining doctor
  • Don't exaggerate symptoms 
  • Don't pressure the doctor to say you are "disabled."

5.  Listen to the advice of your attorney-representative.  He or she has been through this a lot more often than you have, so trust professional judgment here.

6.  Do not work at Substantial Gainful Activity after filing your claim.  Your work will be substantial and gainful if you earn wages, salary, tips or self-employment of at least $1,310 per month (gross, before tax).  This will make you ineligible for any Social Security disability or SSI benefit.  (It doesn't matter why you had to work. No exceptions).

7.  Stay off of Unemployment benefits during your disability period.  Unemployment benefits are for workers who are able to work, willing to work, and looking for work.  Social Security is for individuals who cannot work, are not seeking work, and could not work if they found a job.  Social Security will usually refuse to pay a disability benefit to persons who are still in the workforce (receiving unemployment benefits).  

Receiving unemployment checks says to Social Security:  "I am just between jobs, looking for work.  So, I am not disabled."  End of case.

 

 


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