Your Claim Evaluation
1. APPLY FOR DISABILITY AFTER YOU STOP WORKING. If you stop working due to a disability you should apply for Social Security benefits. You have only a narrow window of opportunity for application which typically is five (5) years. However, if there is a gap in your work record this window of opportunity may be reduced to one or two years. This is often a problem with mothers who drop out of the work force for a number of years to raise children.
2. SUFFICIENT NUMBER OF QUARTERS OF WORK. If you have worked very little and do not have a sufficient number of work quarters, you may have to continue working in order to gain enough working quarters to qualify.
3. YOUR DISABILITY MUST LAST MORE THAN TWELVE (12) MONTHS. If you have a serious injury but you are going to recover within twelve (12) months you cannot qualify for Social Security Disability. You must have an impairment that disables you for twelve months or an impairment you can expect will disable you for twelve (12) months.
4. YOU CANNOT BE WORKING WHEN YOU APPLY. The Social Security Administration considers earned income to be an automatic disqualifier for benefits in most cases. In 2006, Social Security considered $860.00 per month as substantial gainful activity and an automatic disqualifier. If you earn this amount working part time, you cannot qualify for Disability. Working part time is an indication that you have the ability to work.
5. YOU FAIL TO GET MEDICAL TREATMENT. Failure to obtain consistent treatment for your ailment is a common problem. Most social security judges will give little credence to an ailment that you have not sought medical treatment for. Thus, if you have a chronic pain complaint, you should at least make an attempt to manage the pain through a pain clinic or some other approach.
6. YOU MUST HAVE YOUR OWN DOCTOR’S SUPPORT. Social Security Rules give a lot of weight to a well written opinion by the claimant’s own treating physician. Thus, if you believe you are disabled, your own physician’s opinion is crucial for success.
7. CONSULT A SPECIALIST. A specialists opinion such as a cardiologist carries the greatest weight. A cardiology impairment requires the opinion of a specialist. Heart problem require tests and procedures best performed by a cardiologist and supported by their opinion.
8. THE SOCIAL SECURITY ADMNISTRATION DOCTOR WILL PROBABLY DECLARE YOU NOT TO BE DISABLED. Assuming a Social Security Doctor will examine you and agree you are disabled is a common misconception. Most often Social Security Doctors rush through your examination which is often cursory. Further, the examiner may not have the medical expertise to understand your medical issues. Your complaints may not be followed with proper testing and diagnosis.
9. FILE A TIMELY APPEAL OF A DENIAL. After a denial you have 60 days to appeal. Your case cannot be given additional consideration unless you appeal.
Consulting a Social Security Attorney who is a specialist in Texas Social Security Disability Law can make the difference between winning your claim and being denied.