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A Social Security Disability Catch-22 by gardnerw gwilkinson





Article Author Biography
A Social Security Disability Catch-22 by
Article Posted: 01/09/2012
Article Views: 236
Articles Written: 1210
Word Count: 425
Article Votes: 0
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A Social Security Disability Catch-22


 
Law
Often, when people who are disabled due to a physical or mental health impairment, it is possible to fall into what seems to be a “Catch-22” situation with Social Security disability. You need to collect on your Social Security disability insurance due to the fact that you cannot work, but your claim is rejected because you haven't been medically treated recently so there is no weighted, formal opinion from your doctor regarding your functional limitations. However, you have not been medically treated in months because you have not been able to afford the cost of treatment as a direct result of the fact that you are disabled and unable to work. This may seem like a no-win corner you’ve been painted into, but a Social Security disability attorney can help you, usually at no initial cost to you.

It’s critical when you file the initial claim or even when you appeal a rejected claim that everything is submitted appropriately—every “t” must be crossed and no “i” left undotted. The Social Security Administration (SSA) rejects thousands of claims based on insufficient information or incomplete claims, and they will likely reject a claim that lacks recent medical records and an opinion from your doctor regarding your ability to function in a work environment. The rejection will be based on lack of necessary information to evaluate your claim, and you will 60 days to appeal. After the 60-day appeal window has expired, you may start over and submit a new claim.

In either instance, it may be crucial to hire a Social Security disability attorney to help you escape from the snares of the seeming no-win situation. A Social Security disability attorney can help you frame your case with the evidence that you need in order to convince the SSA that the lack of recent treatment is, in fact, due to your inability to work. It may be possible for an attorney to help you obtain a doctor's opinion, or a document source statement, which formally describes your disability and its associated functional limitations that are preventing you from performing adequately in a work environment.

A Social Security disability lawyer can help you to effectively communicate your own personal story to the SSA, as well as represent you at appeal hearings. The way you present your case—using detailed information to describe your functional limitations and disability—and describing your impairment concretely and with tangible information goes a long way towards helping others to understand the facts of your case.

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