10 Common Mistakes to Avoid When Filing a Social Security Disability Claim

When you are struggling financially due to a disability, and you are unable to work, it may be time to file for Social Security Disability Insurance (SSDI) benefits.

It is very common for an initial application for disability benefits to be denied. This can be very disheartening, but you’re not alone—nearly two thirds of first-time disability applicants are denied benefits.

Your best chance of getting your application approved is to provide adequate documentation, fill out the forms completely, and avoid these common Social Security mistakes.

1. Waiting Too Long to File

If you put off your application, then you could endure months or years of financial hardship as you wait for the application process. It takes time to put together your application, and it takes time for the Social Security Administration (SSA) to review your documentation. If it is denied, then it will take even longer for you to follow the appeals process and get approval to start receiving checks.

You can apply for disability benefits as soon as your disability begins and you meet the eligibility requirements. If you have a current disability that will prevent you from working for 12 months, you should apply for Social Security benefits immediately and get the process started.

RELATED: How Long Does It Take to Get Social Security Disability?

2. Working or Collecting Unemployment While You File

When you apply for disability benefits, you are telling the SSA that you cannot work due to your disability. If you maintain gainful employment, or collect unemployment benefits (which doesn’t automatically disqualify you from SSDI but also suggests that you are available to work and looking for a job), that sends a conflicting message about your ability to work.

If your income falls below the Substantial Gainful Activity (SGA) threshold, you will not affect the amount of disability benefits that you may receive, but it could make your claim more difficult. You should expect to explain your earnings to the SSA.

RELATED: Will I Lose My Disability If I Work Part-Time?

3. Posting Your Activities on Social Media

Unfortunately, anything you post online can negatively affect your application for SSDI benefits. The SSA can (and very likely will) review your social media accounts while evaluating your claim.

Posting activities, or even posting positive feelings, can make it seem like your disability is not as severe as you claim. If your posts seem to contradict the information in your claim—for example, show you engaging in work, activities, or a lifestyle inconsistent with what you’ve told the SSA—that could raise red flags.

4. Not Following Your Doctor’s Orders

In order to show that you are making a good faith effort to treat your medical condition, you need to attend every medical appointment and follow your treatment plan as well as you can. If you don’t follow your doctor’s orders, the SSA can make a case that you are preventing improvement of your medical condition.

5. Not Switching Doctors, If Needed

If your doctor is unsupportive of your disability claim, or is unwilling to fill out paperwork so you can claim Social Security disability benefits, you need to switch doctors. Some doctors don’t have experience with SSDI requirements, and some doctors unfortunately think people on disability are “faking it.”

If you think your doctor is not going to help you with claiming benefits, look for a doctor who can. Get a second opinion.

6. Not Providing Adequate Medical Records

Gathering medical documentation is a lot of work. It may be tempting to gather the bare minimum documentation, especially if you have problems with concentration or memory. However, the more medical records you provide, the more complete picture of your health the SSA will see.

You’ll need to provide information such as appointments, doctor’s names, labs or test results, hospital stays, and more. For mental illness disabilities, you may need reports from licensed psychiatrists or psychologists.

RELATED: Can You Get Social Security Disability in Oklahoma for a Mental Illness?

7. Lying or Exaggerating About Your Disability

You may have had experience with a medical professional or a trusted friend who did not take your disability seriously. When that happens, you may feel like you need to over-exaggerate your symptoms, or lie about how your disability affects your daily life. However, if an SSA representative thinks you are lying on your application, they may deny your claim outright.

Your credibility is extremely important; once you lose it it’s hard to get it back, even if your true symptoms do meet the SSA’s disability guidelines.

8. Sending Incomplete or Inaccurate Forms

The Social Security benefits application process is long, and you may not always know how to answer the questions. However, you should fill out the form completely, to the best of your ability, without leaving anything blank. Proofread the entire document and double-check things like medication dosages, dates, and names.

9. Saying the Wrong Thing When Applying for Disability

One of the biggest mistakes people make is saying the wrong things when describing their disability. While this holds true for your Social Security disability application, it’s especially important if you need to later appeal before an administrative law judge at a disability hearing.

It can be difficult to create an accurate picture of your symptoms and answer questions if you feel stressed out or pressured. It’s a good idea to practice your answers ahead of time, and avoid mentioning these things:

• Don’t say “I’m in pain” or be vague about your symptoms. You need to be specific about the pain you feel, and how the pain affects your day-to-day life.
• Don’t talk about unrelated medical issues.
• Don’t criticize your doctors or other healthcare providers. This can affect their credibility towards your claim.
• Don’t get frustrated or angry. Even though it may be a frustrating process, be respectful and polite when speaking with a representative from the Social Security Administration.

In general, you should only answer the questions that you are specifically asked. You should keep your answers on topic and be as objective as possible.

RELATED: 10 Best Tips for Applying for Disability

10. Thinking You Cannot Afford a Disability Lawyer

SSDI applicants typically need the monthly income from disability benefits just to survive. This might discourage you from reaching out to an attorney, thinking they would be too expensive. However, this is almost always a mistake.

There are federal rules for how a law firm can get paid for disability case:

• First, your lawyer only gets paid if your application is approved. If you are denied benefits, your lawyer cannot charge you anything.
• Second, if your benefits are approved, the attorney fee can only be taken out of your past-due benefits. They cannot touch any amount of your future monthly benefit checks.
• Third, the fee is strictly capped. As of November 2024, under normal circumstances a Social Security Disability Attorney can charge no more than 25% of past due benefits, up to a maximum of $9,200. Higher fees are sometimes approved, but only if your case goes through several rounds of appeals and litigation.

Ultimately, this means that SSDI applicants almost always pay little to nothing out of pocket to hire an experienced attorney—and that attorney can significantly improve their chances of getting their benefits approved as early as possible.

A disability attorney has experience with filling out an SSDI application and can help you make sure your medical records are relevant and complete. They may help you find a good doctor that is willing to provide the forms the SSA is looking for. They can also coach you on the right way to phrase things so that you don’t accidentally hurt your case, because they have extensive experience with disability interviews and hearings.

Applicants who hire a law firm to represent their SSDI or SSI claim are twice as likely to get approved. So while you may think that you can’t afford to hire a law firm, the truth is you may have a harder time getting approved without a lawyer.

RELATED: How Much Does a Social Security Disability Lawyer Cost?

Bonus Mistake: Not Following Up with Your Application

Once your application is in, it might take a while to hear back. However, the SSA may also request more information, schedule a Consultative Examination (CE), or send you information about appeals deadlines if your application is rejected. Missing the deadline on any of these could leave you without any options for getting your application approved.

To check the status of your application, you can either go to SSA.gov or call your local claims office.

RELATED: What Are Your Chances of Winning Your Social Security Disability Appeal?

The Wolf Pack™ Will Help Guide You Through Your SSDI Application or Appeal

When you’re living with a disability, it can be challenging to find the time or energy to file an SSDI application, or fight for an appeal if your benefits get denied. With The Wolf Pack™ on your side, you don’t have to worry about gathering the wrong information or missing a deadline. We’re devoted to your case, and we’ll fight for the financial assistance you need.

For a free consultation, you can call (580) 271-9672 or fill out the online form today. Our law firm will put together the strongest case we can for your benefit application, and provide you with legal guidance through the entire process.

References:

Survey Statistics: Is a Social Security Disability Lawyer Worth It? Martindale-Nolo Research. Retrieved from https://www.disabilitysecrets.com/resources/survey-statistics-is-social-security-disability-lawyer-worth-it.html

SSA, ODSSI. (2023, January 26). FISCAL YEAR 2022 WORKLOAD DATA: DISABILITY DECISIONS. Retrieved from https://www.ssa.gov/foia/resources/proactivedisclosure/2023/FY22%20Workload%20Data-Total.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.