Filing a Social Security Disability benefits claim can be a complex undertaking. You need to make sure that you complete the proper paperwork and that all forms you submit are accurately and timely filed. Many delays and denials arise with SSD benefits claims due to mistakes that are made in the filing process.
Hiring an attorney can not only help you to avoid making a costly mistake when it comes to SSD benefits, it can also greatly improve your chances of acquiring the full array of benefits you deserve.
Additionally, by taking care of the filing process and handling appeals if an initial claim is denied, an attorney can take some of the burdens off your shoulders and allow you to focus on your health.
The lawyers of Land, Parker & Welch, P.A., have decades of experience with handling SSD benefits applications and appeals in South Carolina. If you live in Manning or a nearby community, please feel free to meet with us to receive a free consultation about your case. Simply call or connect with us online.
We can help you to avoid these common mistakes that arise when people are seeking disability benefits:
Filing for Unemployment Benefits
By filing for unemployment benefits, you are actually representing that you are physically capable of working but are simply out of work at the moment. This representation directly contradicts what you would be asserting in a claim for SSD benefits and goes against the eligibility requirements established by the Social Security Administration (SSA).
In some cases, however, a disability may be work-related. If you find yourself in this situation, you may be eligible to apply for both South Carolina workers’ compensation benefits and SSD benefits. If you were ultimately approved to receive both types of benefits, there is a possibility that your SSD benefits would simply be reduced.
An attorney can help you with seeking both workers’ compensation and SSD benefits.
Submitting a Faulty Medical Record
In order to be eligible for SSD benefits, it is imperative that your medical records demonstrate that your condition meets what the SSA describes as being its “strict definition” of a disability.
In other words, your medical records must show that your condition is one that has lasted or is expected to last for at least one year or result in death. Additionally, you must be able to demonstrate that your condition prevents you from doing the work you previously did and from being able to do any other job.
To develop a medical record that demonstrates your eligibility for SSD benefits, you should go to your doctor as soon as you become injured or ill. You must be specific with your doctor regarding your limitations.
An attorney can work with your doctor on the completion of a residual functional capacity (RFC) form, which can play a major role in an application for benefits.
Waiting Too Long to Apply for Social Security Disability Benefits
Many people make the mistake of failing to file for benefits upon realizing they can no longer work. In some respects, this is understandable. Admitting you can no longer work can be a difficult experience. However, failing to take timely action won’t help your situation.
You must remember that, if you do not apply for benefits as soon as possible, you could lose your right to collect retroactive benefits. The best thing to do is to apply as soon as possible. Your application could take several months to process.
Waiting Too Long to Appeal the Denial of a Claim
Another common mistake made by claimants is giving in to the belief that nothing that can be done if a claim for benefits is denied. However, this is simply not the case.
If your claim is denied, you have 60 days to file a Request for Reconsideration. If you are denied again, there are further levels of appeal that can be pursued, including going to a hearing before an administrative law judge with an attorney at your side.
Trying to Handle a Claim Without Legal Assistance
Although it is not legally necessary to have an attorney represent you, we have witnessed far too many individuals attempt to obtain SSD benefits on their own – only to be denied after making a critical error.
An attorney has the training and background necessary to handle these cases. A lawyer can ensure that all of your medical records are in order, your case is in compliance with all SSA regulations and that you are seeking the full amount of benefits that you are entitled to receive.
Contact a South Carolina Social Security Disability Benefits Lawyer Today
At Land, Parker & Welch, P.A., we believe that speaking with an experienced SSD benefits attorney from our firm will only benefit you. We are committed to helping disabled individuals to secure the disability benefits they deserve, and we believe we have the skills and experience to truly make a big difference in your case.
If you are seeking benefits in Manning or elsewhere in South Carolina, contact us today and allow us to provide a free and confidential review of your case.
Sources / More Information:
Social Security Disability Claims Process, Social Security Administration