Social Security Disability
Remember, Scott Galiger Law Now, No Regrets Later.
Social Security Disability: Get The Facts
3 Common Mistakes People Make with Disability Claims
If your Social Security Disability (SSD) claim has been rejected, it is critical to have an attorney on your side. At Scott Galiger Law, we can ensure that you don’t make any mistakes with your claim and that you have the best chance of being awarded benefits.
Mistake #1: Not Appealing A Rejected Claim
Appeal, Appeal, Appeal!
The biggest mistake people make is failing to appeal a denial and letting their claim drop. Sometimes also the mistake of filing a new claim instead of appealing happens. Almost all applications are denied at the initial stage unless the person has catastrophic injuries (paraplegia, organ transplant, terminal cancer).
If you do not appeal this denial within 60 days it can become what is known as ‘res judicata’ – a legal term meaning you can no longer dispute the facts found. Since the facts are invariably found as unfavorable at the initial level, this can haunt you for years to come. This is especially true for SSD cases since you must have enough “quarters” of recent work history to be insured. If you apply, don’t appeal and then apply again some months or years later, you may lose insured status and potentially tens of thousands of dollars in benefits.
As soon as you get that denial letter, call Scott Galiger Law to handle the appeal for you. Remember, Scott Galiger Law Now, No Regrets Later.
Mistake #2: Failure To Get Medical Treatment
Get To A Doctor!
Under Social Security regulations, you must have “medical evidence” to prove your disability. You must get medical treatment for your condition(s) or Social Security will not find you disabled. Not seeing a doctor for your illness or injury has both a legal and a practical effect. From a legal standpoint, it can kill your claim entirely because there will be no medical evidence of disability.
From a practical standpoint, the judge who decides your case will assume your condition is not so severe or life-affecting since you’ve never seen a doctor for it. If you testify that you have terrible pain all day/every day and it prevents you from working, but you fail to get any medical treatment for it, the judge is likely to think your pain is not so bad. This is true even for conditions without good treatment options. It is critical to seek medical treatment to demonstrate you are seeking treatment options and also to document chronic conditions such as mental health problems or chronic breathing problems.
We can help you get the medical treatment you need.
Call Scott Galiger Law 336-553-1661
If you have health insurance, we can recommend doctors who can be helpful in your case; if you are uninsured, we can refer you to charity care organizations.
Mistake #3: Mis-Interpreting The SSA Definition Of Disability
Am I Disabled Under SSA’s Definition?
SSD has very complex and detailed regulations that can be found here http://ssa.gov/regulations/index.htm .“Disability” has a very specific and technical meaning to the Social Security Administration and there are many complicated and often contradictory definitions.
For example, you don’t automatically qualify for disability if you:
- Not able to secure work or get a job because it seems no one will hire you.
- Do not have available transportation.
- Will have to accept a job outside of your field or one that earns less money.
Don’t go it alone. Call Scott Galiger Law to handle the appeal for you. We can guide you through the process and be there with you every step of the way.