Applying for disability benefits can be a crucial step for individuals who are unable to work due to a chronic condition or injury. The process can be complex, and what you say during your application and evaluations may negatively impact your chances of approval. It’s essential to be careful and precise with your statements to avoid misunderstandings and potential denials. Or, to work with a disability lawyer who can advise you and strengthen your claim throughout the process. In this post, we’ll explore ten things you should avoid saying when applying for disability benefits to improve your chances of approval.
1. “I Can Still Work”
One of the most damaging statements you can make is claiming that you can still work. SSDI disability benefits are reserved for individuals who cannot work so the Social Security Administration (SSA) is looking for evidence that your condition prevents you from performing any substantial gainful activity (SGA). Saying you can work suggests that you may not qualify for SSDI and SSI benefits. Instead, explain the specific limitations that prevent you from maintaining regular employment. For example, describe how pain, fatigue, or other symptoms interfere with your ability to perform essential job functions consistently.
2. “My Condition Isn’t That Bad”
Downplaying your condition can severely affect your claim. SSDI and SSI benefits are reserved for severe and long-last conditions which will persist for at least 12 months. The SSA needs to understand the full impact of your disability on your daily life and ability to work. Be honest and detailed about your symptoms, how often they occur, and how they affect your routine. Avoid minimizing your condition; instead, provide a clear picture of your struggles and limitations. Our attorneys often advise clients to ‘have a pity party’ and be very clear about how their condition impacts their daily life.
3. “I Don’t Need Medical Treatment”
Stating that you don’t need medical treatment can be a red flag for the SSA. Ongoing medical treatment is crucial evidence of the severity of your condition and your commitment to managing it. If you’re not receiving treatment, the SSA may assume your condition isn’t serious enough to warrant benefits. Ensure you follow your doctor’s recommendations and keep detailed records of your treatments and medical visits. Some claimants may struggle to provide sufficient medical evidence if they haven’t had consistent health insurance but following recent changes to state legislation, Medicaid is now available for North Carolina claimants.
4. “I Do Odd Jobs Here and There”
Mentioning that you do any type of work, even sporadic or minor tasks, can raise concerns about your eligibility for benefits. The SSA needs to see that your condition prevents you from engaging in substantial gainful activity (SGA). If you occasionally help out with tasks that don’t challenge your limitations, be clear about the extent and frequency of these activities. Emphasize that they do not constitute regular employment or negate your disability. The SSA will pull an earnings report and can access your bank account so your claim will be disqualified if your earnings exceed their allowable limit.
5. “I Haven’t Tried All Treatment Options”
The SSA expects that applicants have pursued available treatment options to manage their condition and maintain sufficient earnings. If your condition improves with known and available medical treatments such that you can work on a regular basis, you will not be considered disabled. Saying you haven’t tried all available treatments can be seen as non-compliance or a lack of effort to improve your situation. Discuss the treatments you’ve tried, their outcomes, and any reasons why certain treatments were not pursued (e.g., contraindications, lack of access, or severe side effects).
6. “I Don’t Have a Consistent Work History”
An inconsistent work history can complicate your application, but it’s important to frame it correctly. Focus on how your disability has impacted your ability to maintain steady employment. Highlight periods when your condition significantly hindered your work capacity. This approach helps the SSA understand that your inconsistent work history is due to your disability, not a lack of willingness to work.
7. “I Don’t Need Help with Daily Activities”
Claiming that you don’t need help with daily activities can undermine your case. The SSA evaluates how your disability affects your ability to perform basic tasks. Be honest about the assistance you need or the difficulties you face. Describe challenges with activities such as dressing, cooking, cleaning, or personal care. Providing detailed examples can help illustrate the impact of your condition on your daily life.
8. “I Have a Criminal Record”
While a criminal record doesn’t disqualify you from receiving disability benefits, how you address it can affect your application. Focus on your current disability and how it prevents you from working. If asked about your past, answer honestly but steer the conversation back to your medical condition and its impact on your life. Seeking legal advice on how to disclose this information can also be beneficial, as can how to disclose and
9. “My Condition Wasn’t Diagnosed by a Doctor”
A professional diagnosis is crucial for a successful disability claim. If your condition hasn’t been diagnosed by a doctor, it will seriously weaken your case. Make sure to seek medical attention and obtain a formal diagnosis. Proper medical documentation from a qualified healthcare provider is essential to substantiate your claim. If you’ve been treating your condition through alternative methods or haven’t seen a doctor recently, take steps to get an official diagnosis and medical record on file. Without medical evidence, your claim is unlikely to succeed.
10. “I Am Just Applying to See If I Can Get It”
Applying for disability benefits as a test can give the impression that you’re not serious about your need for assistance. The SSA looks for genuine cases of disability that prevent individuals from working. Emphasize the legitimacy of your claim and the genuine need for benefits. Demonstrate how your condition affects your ability to work and manage daily activities, underscoring the necessity of the support you seek. Our disability lawyers offer free consultations on your claim – it’s wise to contact an attorney before starting the process if you’re not sure if your claim will be successful.
Conclusion
The statements you make during the disability benefits application process can significantly impact your chances of approval. Avoiding these 10 common pitfalls can help strengthen your application and improve your likelihood of receiving the benefits you need. It’s crucial to provide accurate, detailed, and honest information about your condition and its impact on your life.
For personalized guidance and to improve your chances of a successful claim, consider seeking professional advice from a disability lawyer. At Collins Price, we specialize in helping individuals navigate the complexities of the disability benefits process and represent claimants at every stage in the process from initial application to hearings and appeals.
If you need assistance with your disability benefits application, schedule a free consultation for personalized guidance and support.