OBSTACLES BETWEEN YOU AND DISABILITY BENEFITS

It would not be entirely wrong to think of the Social Security disability process as an obstacle course.  There are indeed many obstacles between you and the benefits you need and may truly deserve. 

By recognizing the obstacles we may be able to help you overcome them.

1.  Lack of Medical Treatment.  I can't over emphasize how important medical treatment is to a disability claim.  The law requires medically documented impairments, supported by objective medical evidence.  Without it, the case is hopeless on the surface.

2.  Failing to Understand the Burden of Proof.  It is up to the claimant to prove, in the legal sense of the word, that he or she is disabled according to the rules of the Social Security Administration.  This really has nothing to do with common sense, as we might think.  It's about knowing the rules and mapping out a strategy to prove the case according to the regulations.  And the regulations are very specific and very strict.  There is the truth you know ("I know I am disabled"), and the truth you can prove.

3.  Failure to Get Your Doctor On Board.  Your doctor can be your most important ally.  Of course, he/she will provide medical records.  But will your doctor give you a residual functional report that shows what your functional limits are?  We recommend you speak to your doctor before filing a claim.

4.  Insufficient Work Credits.  A claimant must have worked and paid into Social Security long enough--and recently enough--to be covered.  SSDI is "Social Security Disability Insurance."  Yes "insurance."  You get the coverage by working and paying FICA withholding tax.  Most individuals need to have worked at least 5 years out of the past 10 years to have SSDI coverage.

5.  Work After Your Alleged Onset Date (AOD).  You should not be working after filing for SSDI or SSI benefits.  As of 2020, wages or self-employment earnings of $1,260 or more per month will disqualify a claimant for disability benefits. Prior to 2020, it took even less. The principle is:  Social Security is designed to help individuals who have become unable to work.  If you are able to work, then you are not eligible for disability benefits.  Incidentally, unemployment benefits can have a negative impact on a disability claim, too.


"Straight is the path and narrow is the gate" that leads to Social Security disability benefits.