Five Critical Tips to Keep in Mind
When Completing Disability Forms
by Scott Davis, Esq.
My experience is that SSA and/or judges don’t usually approve
your case based on what you say on the forms. However, they often
use what is said in the forms to support a denial of your claim.
This is because if SSA or a judge is going to approve your claim,
they will base it on more compelling objective evidence such as
medical records and/or treating physicians’ opinions regarding your
inability to work.
Unfortunately, I have seen what appeared to be an innocent
statement by a claimant be the evidence used by the judge to deny
the claim.
The inherent problem you have as a claimant is twofold. First,
with all due respect, you don’t know what you need to prove in order
to win your case. Second, you have spent the past several months or
years consistently downplaying the severity of your medical problems
to anyone you thought was listening (i.e. your employer, family,
friends, doctors and SSA). Even though you are constantly in
excruciating pain or exhausted; nobody wants to be viewed by others
as a whiner. Sound familiar?
Studies consistently show that Americans are more productive and
annually work longer hours than workers in any other country;
consequently, it isn’t fashionable to complain. Instead, Americans
“grin and bear it” or we follow the British and keep the proverbial
“stiff upper lip.”
All too often, your denial mechanism rears its ugly head when you
complete SSA forms. The result is that you consistently overstate
what you are capable of doing and understate the severity of your
symptoms and limitations. Does this also sound familiar?
The problem is that the aforementioned disability strategy may
likely kill your chances of winning your SSA case without you even
knowing it.
By following these tips when completing the SSA’s forms you
should significantly reduce the likelihood of making a serious
mistake that comes back to bite you in the you know what!
Tip #1: You’re not Danielle Steele – Please don’t write a Book!
Certainly you remember the advice your parents gave you as a
teenager – the more you say, the more its gets you in trouble! This
is not the time to become a novelist! This clearly applies to
competing SSA forms.
SSA does not give you a lot of room to answer the questions and
that is good. Limit your answers to the space that has been provided
in the question and do not write in the margins or attach additional
sheets of paper.
Always answer the question honestly, but keep your answers brief
and to the point.
Tip #2:
Presume you are having a
bad day when providing answers
Remember, a critical issue in a social security disability case
is always what activity level are you capable of sustaining on a
regular and continuing basis (i.e. a 5 day work week). The issue is
never what you can do for only one day. Clearly, almost everyone is
capable of performing some activities for one day such that it would
make them appear to be capable of working. Never forget…the issue is
always what level of activity you can sustain on a daily basis, week
after week.
Why should you assume you are having a bad day? Simply put, if
you were back working on a sustained basis, most likely every day
would be a bad day. Answering as if you’re having a bad day is not
only an honest answer but is also a more accurate assessment of what
activity level you can sustain.
Following this tip will avoid the problem of overestimating what
you are capable of doing. It will also keep your denial mechanism
honest.
Tip #3: The Big Three — Always focus on the “frequency, severity,
and duration” of your symptoms and limitations
Another critical issue in a social security disability case is
your symptoms and limitations (i.e. pain, fatigue, concentration
problems, inability to maintain any activity for a reasonable
period).
Always remember, you are unable to work due to the frequency,
severity, and duration of your symptoms and limitations, and not due
to a diagnosis.
You should mention all the diagnoses that have even a small
impact on your inability to work, but you should use 5% of the
allotted space to reference diagnoses and 95% to discuss The Big
Three and how they limit not only your ability to work but also your
ability to function on a daily basis.
Tip #4: Completely resist the urge
to be the perfectionist you
are!
Before you became ill you were probably an organized
perfectionist who was incredibly productive. Everything in your life
had its place; I know it kills you that it is not that way now.
However, this is not the time to be a compulsive, organized
perfectionist! Please don’t use SSA forms as a launching pad to
organize your life.
One of the hallmark’s of your inability to work is your
concentration problems, memory impairment and brain fog. Your life
is now an unorganized mess.
Guess what? SSA needs to see the real you and not a top notch
administrative assistant who is articulate and possesses phenomenal
organizational and typing skills. Please do not typewrite your
answers. Always handwrite them even if your answers become
illegible. The clarity of your handwriting and the way you answer
the questions tells a lot about the severity of your concentration
and memory problems.
Many clients tell me that little by little, it took them days to
complete some SSA forms. Your goal should be to have your answers
look like it took you days. In fact, if it did take you days, make
sure you tell SSA that somewhere on the form.
I have an interesting story for you on this subject. Several
years ago, I represented a woman who was at one time an outstanding
legal secretary. We eventually won her claim before a judge.
However, before she retained me and prior to the judge, her claim
was actually recommended for approval at an earlier level of review
by SSA. Unknown to the client, SSA overturned its own decision and
denied her claim.
Why? Because she did a marvelous job typing her answers on the
forms. There were no typos and the forms were perfectly organized. A
reviewing SSA psychiatrist was so impressed with her work he wanted
to hire her! He concluded her memory and concentration problems
could not be as severe as she was alleging. His opinion was the
forms proved she was capable of performing a simple, sit down job
and her claim was denied. We were fortunate to have a judge who
overlooked the forms and instead listened to her entire story.
However, you may not be so fortunate…so don’t take any chances.
Tip #5: If psychological issues play even a
small part in
preventing you from working,
you must allege them on the forms
Although the primary reason you are unable to work may be due to
a physical diagnosis, don’t overlook the psychological issues that
often arise after years of dealing with chronic pain and fatigue.
You want to win your case anyway you can, whether it is due to
physical or psychological problems, or quite frequently, a
combination of both.
My experience in successfully representing chronic pain and
chronic fatigue clients all over the country suggests that
psychological issues are frequently a significant factor in why many
people are unable to work. To totally ignore this fact can be
detrimental not only to your well being, but may also cause you to
lose your SSA disability claim!
A Social Security judge recently told me that he hates it when a
disability attorney “fails to give me several doors to use if I want
to approve a case.” He believes that using only one door for claim
approval is tantamount to the “attorney driving their client off a
cliff.” I totally agree with the judge. Please don’t let this happen
to you; you have too much at stake!
What did the judge mean? Simply put, judges like to have several
medical conditions to choose from if they want to approve your
claim. For example, if a judge believes your claim is not strong
enough to be approved based only on your physical diagnosis, they
want the option to approve your claim based on another diagnosis,
perhaps psychological.
What prevents the judge from simply approving it based on a
psychological diagnosis? The problem is you never told SSA on any of
the forms you completed that you believed a psychological condition
was at least in part responsible for why you can’t work!
Thus, a door that a judge could have used to approve your claim
does not exist; consequently, the judge has no choice but to deny
your claim. This scenario is terribly unfortunate because your claim
was denied when the judge was looking for a way to approve it!
The solution is to tell SSA early, often and consistently that
you believe a psychological diagnosis plays a part in your inability
to work. It is fine to state that it is “secondary to” or “as a
result of” dealing with your chronic physical symptoms and
limitations.
At the end of the
day, you want to win your case anyway you can.
I know this is true because all over the country I see it in my
client’s eyes on the day of the hearing. SSA’s monthly benefit check
and health insurance benefits mean the same to you regardless of
what diagnosis was used to approve your claim.
Remember, proper preparation as well as understanding what you
need to prove and how you need to prove it are critical to winning
your case. By following these tips, you should avoid making a
mistake that you later regret.
Best of luck to you and remember to keep
fighting for the benefits you deserve!
Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.
Visit his website at
www.ScottDavisPC.com.
Back to List of Articles
LEGAL DISCLAIMER:
This website is intended to convey general information only.
The information presented here should not be
construed as formal legal advice or opinion. It is not
an offer to represent you, nor is it meant to form
a lawyer/client relationship. Persons accessing this
site are encouraged to seek independent counsel for
advice regarding their individual legal
issues. Any email sent via the Internet using email
addresses listed in this web site would not be confidential and
would not create an attorney-client relationship. |
