The ABCs of Avoiding a Custody Battle

Disability Claim Confusion: How Small Details Can Trip You Up

by Barry Webb

If you are newly disabled or are newly applying for disability benefits, the whole process can make your head spin with its complexity. It's important to keep in mind that you have to navigate more than just the obvious hurdles, like proving your disability impairs you significantly or having your doctor fill out the necessary paperwork.

Being prepared for little details that might trip up your case is just as important as handling the big issues:

The Onset Date Of Your Disability Is Vital

Few people realize that the date they became disabled can play a major role in the payments they receive from the SSA. When your benefits are granted, you receive retroactive payments, called back pay, equal to what you would have received from the date of your disability to the present. For many people who wait months or even years to file for disability, the value of these payments can range from thousands to tens of thousands of dollars.

However, getting back pay can be difficult in many cases. The SSA is generally more suspicious of disability cases with long-previous onset dates, and may try to challenge your stated date with a much more recent one in order to avoid paying retroactive benefits. If this happens, you'll need to prove that your stated onset date is accurate. This can be complicated if you don't have any documentation, but not impossible with the help of your doctor and a good social security lawyer.

Your Time At A Hearing Is Limited

While you may think a hearing is a perfect opportunity to make the judge sympathize with your life and award you benefits, the reality is that many hearings don't even last 15 minutes. Judges can access your file before the court appointment, and many make their minds up about the verdict before even meeting you. Without a competent lawyer, your statements may be cut short or fall on deaf ears.

Fortunately, legal counsel and medical experts can help you build a strong and concise statement for the judge in order to present your situation accurately, sympathetically, and most of all quickly. Your doctor should be able to give testimony about your condition that is to-the-point, and your lawyer will be able to tailor your arguments in the most legally effective way. For some applicants, just a shift from normal to legal vocabulary can make their position more convincing to the judge.

Don't let hidden difficulties in your disability claim catch you by surprise. Even if you've already been denied benefits due to a small filing mistake, not enough time at a hearing, or a dispute over onset dates, you don't have to give up. If you're worried about your case or you want to pursue an appeal, contact a qualified disability lawyer. With the right legal counsel, you can get the help you need.

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