Topic Categories:


Overview of Disability

Disability Back Pay

Requirements for Disability

Applications for disability

Tips and Advice for Disability Claims

How long does Disability take?

Winning Disability Benefits

Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

Disability Benefits from SSA

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Conditions

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



Ask a question, get an answer

Are there ways to avoid being denied for SSI or social security disability?




 
There are certainly ways to minimize the chances of being denied disability for either Social Security Disability or SSI disability. One of those ways is to assist the disability examiner (assuming the case is a pending disability application or a reconsideration request appeal, which is the first appeal) in obtaining evidence for your case.

Evidence on an SSD or SSI will fall into two categories: medical and vocational.

For the disability examiner to obtain all the required medical evidence on a case, they will need to be aware of all sources of treatment, as well as the diagnoses received from each place of treatment. Ordinarily, this information will be provided by the claimant at the time of application. However, very often, claimants find new sources of treatment and have new testing procedures. If this information is not relayed to the disability examiner who is processing the case, then the newer records cannot be obtained in order to support the case. And for this reason, a claimant should report new treatment as it occurs.

Vocational evidence on a case concerns the jobs that have been held by a claimant in the relevant period, which is the last fifteen years prior to becoming disabled. Though some people may assume that this sort of information can be accessed by the social security administration (SSA) via some federal electronic record-keeping source, the truth is actually that SSA relies entirely on the claimant to supply an accurate listing of their work history that includes: job titles, dates worked for each job, and a detailed description of job duties.

Without the most accurate vocational information, there is always the chance that a disability examiner will incorrectly classify a claimant's prior jobs and this may lead to a false conclusion as to what types of jobs the claimant is currently capable of doing--which could result in a denial of the claim.

Having said all this, however, one of the most pre-emptive methods of avoiding being denied for SSI or Social Security Disability is finding an experienced disability representative (a disability attorney or a non-attorney claimant's representative) who has an active interest in winning the claim regardless of the level that the claim is at.

This may bear some explanation, but many disability advocates concentrate primarily on the disability hearing level. This is because:

A) Most claimants will be denied at the first two levels (the disability application and the reconsideration appeal)

and

B) The odds of winning a disability hearing are quite good if one has representation and a prepared case to bring before a judge. For this reason, many social security representatives will make relatively little effort to win a case before the case gets to the hearing office.

However, many cases can be won at the initial claim and reconsideration stages, provided that the representative is pro-active in submitting supporting evidence, such as supportive statements from a claimant's treating physician, and possibly interfacing with the disability examiner who is processing the case to ensure that the examiner is not missing or misinterpreting the medical and vocational evidence.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Related pages:

How to Appeal a disability claim denial from Social Security
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
What is a Social Security Disability Denial based on?
Are there ways to avoid being denied for SSI or social security disability?
What does a Disability Denial Letter from Social Security say?
Reconsideration of a Social Security Disability denial- what does it involve?
What to do if you receive notification of a Social Security Disability or SSI claim denial
If you receive a Social Security Disability Denial quickly does that mean the case is weak?
What happens if my SSI or Social Security Disability Application is denied?
Social Security Disability Denied The Reasons Why (medical denials)



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria