For Some, You Will Not Be Able to Win Your Social Security Disability Claim
It's sad, but for some people, winning their Social Security disability claim will be almost impossible. If you fit within one or more of these categories, you may want to reconsider placing your life on hold to ultimately be disappointed.
Here are the "big ticket" items that will likely keep you from receiving benefits:
1. You have an impairment to just one of your arms. This is especially true if it isn't your dominant arm. While most jobs will require use of both hands and arms, there are still jobs within the national economy that would not have such a requirement. If you have just a shoulder impairment, the chances of success become even less. Your time would be best spent attempting to find a job that could accommodate your condition. You may want to apply with your state employment agency for retraining instead of looking to the Social Security Administration to provide disability benefits.
2. You only have depression without any recent hospitalizations. While this claim is not impossible, it will be extremely hard to show you are so depressed that you are unable to work. If you are attempting to file a claim for this impairment, you will need recent hospitalizations to help prove your claim.
3. You are an alcoholic or drug abuser and your condition or impairment has been caused by one or both. Many judges will look for ways to even deny your benefits if you have drug or alcohol abuse in your records. The question is, why should you be allowed benefits when there are so many other people needing disability?
4. You are an adult claiming ADHD. You might as well forget it. It is not going to happen no matter how many times you apply. ADHD and Bipolar are probably the two most mental claims filed. ADHD in adults is so bad a case, many attorneys will not even attempt to file it. If you are claiming this type of impairment, it better show in your records that you have extreme attention deficit problems.
5. You have not been going to the doctor in a long time. The basis of every successful claim is based on medical evidence to support your disability allegation. If you are needing to file for benefits, be sure and establish a relationship with some type of medical source before filing. You will save yourself a ton of time appealing one denial after another.
6. You have not worked for at least five out of the last ten years and you are married and your family income is more than $3,000.00 per month or worth that amount in nonexempt assets. For one, you cannot qualify for SSDI and your income is too high for SSI. Therefore, the Social Security Administration will not even look at your medical evidence to determine if you are disabled. Both disability programs require not only a medical determination but also a "financial" determination as well. You either have to have enough work credits or be below the income and asset amount. If you cannot pass either, then you cannot be awarded benefits.
7. Your symptoms are only mild or moderate. Here, you will have to be honest with yourself: Are your conditions really severe? Everyone knows the guy on their street that receives disability and is perfectly fine. Well, this is extremely rare, and he will eventually be reviewed and his benefits will be terminated. If your conditions do not severely affect your ability to sit, stand, walk, talk, listen, see, understand, interact with the general public or coworkers, etc., then you are not disabled. In fact, the Social Security looks at this at Step 2 in the determination process, and if the Administration determines your conditions are not severe, they do not look any further.
8. You're working. Yes, you can work and still receive disability, but you cannot work very much. There are gross income limits which must be strictly abided by. If you exceed them, you will be considered to be engaging in Substantial Gainful Activity, and your benefits will either cease or you will be denied.
9. If your medication controls your symptoms. If you can take medication and solve your medical problems and operate out in the world, then you are not disabled. Many parents are guilty of this when filing for benefits. Just because your child has ADHD does not necessarily mean you will receive a disability check. If and when you give him or her medication, and he or she is able to function like children his or her own age, then he or she is not disabled.
10. You are a criminal. If you are living a lifestyle which you will ultimately be placed in jail or prison, then your disability case will either be denied or your benefits will be terminated. If you spend 30 days or more in jail and the Social Security Administration knows this, you will not receive benefits.
Those are just some of the scenarios where it makes it either impossible to receive Social Security disability benefits (or very close to it). If you fit within one or more of these scenarios, the likelihood of an approval will probably not be coming.
We represent claimants throughout Texas and California fighting for their Social Security disability benefits. You are always free to contact us at: (888) 780-9125.