When filing for Social Security disability benefits, be honest about your limitations, and don't overestimate your abilities.
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In order to qualify for Social Security disability benefits (SSDI or SSI), you must be able to show that your medical condition keeps you from working full-time, and how you fill out the various forms plays a huge role. Too many disability claimants give these forms short shrift, underestimating how important they are in giving the Social Security Administration (SSA) information about functional limitations that can preclude all jobs.
While your medical records are the foundation of your disability claim, how you build your case on that foundation can make the difference between an approval and a denial. When filling out the forms you'll receive from the SSA, you have the opportunity to construct a strong case as to why the agency should find you disabled. That means avoiding common missteps as well as making solid arguments.
What Not to Say When Filing for Social Security Disability
Understating your functional limitations and overstating the demands of your past jobs are the two mistakes that cause the most trouble. Social Security needs a clear picture of what you did at work in the past and how limited you are now in your physical and mental abilities. Here are some tips on how to make sure that the SSA gets accurate information on your limitations and your past work duties (and why that's important).
Don't Underestimate Your Limitations
Don't underrate the severity of your conditions or assume that Social Security won't think they're a big deal. When evaluating whether or not you can work, the SSA is required to consider how multiple disabilities affect your ability to hold down steady employment, so if you're waffling on whether to include something that may have an impact on the types of job tasks you can perform, let the agency know.
You should clearly identify all the reasons, both mental and physical, that prevent you from holding a full-time job, describing them in specific detail. If you have "good days and bad days," as many disability applicants do, describe what happens on a bad day. (After all, those are the days that prevent you from working.) When asked how long you can sit, stand, or walk, and how much you can lift, state the most you can do without pain. If you can lift 20 pounds but only while in excruciating pain, don't say you can lift 20 pounds. The reason Social Security asks these questions is to figure out what you can do at a job on a day-to-day basis, not what you can do one time while gritting your teeth.
Social Security disability forms ask about your activities of daily living, which include basic tasks like washing the dishes, grocery shopping, maintaining your hygiene, driving a car, and doing chores around the house. When filling out these forms, now's not the time to inflate your contribution to the household. Many applications are denied because claimants don't fill them out comprehensively, leading the agency to assume that they don't have any problems in these areas. As you complete the forms, think long and hard about whether this is true for you. Do you have to use a motorized cart at the supermarket? Do you have to take breaks while washing dishes? Do you use a handrail to get in and out of the bath? Does your medication cause side effects like frequent headaches or fatigue?
Disability claims examiners can seize on your ability to perform your daily routine as evidence you can hold a full-time job, so if you need help completing tasks in your daily life, say so. If you're forthcoming about your physical or mental limitations and how they affect your life, you'll have a much better chance of receiving a favorable determination from the claims examiner.
Don't Overestimate the Requirements of Your Past Work
Social Security can't find you disabled if you can still perform your past work, so as part of your claim for benefits, you'll be required to fill out a work history questionnaire. This form asks you to describe the skill level and physical demands required by each job that you've performed (for longer than 30 days) during the five years prior to becoming disabled. The SSA then assigns a job code to each job that corresponds with specific physical and mental duties as determined by the Department of Labor. Having the wrong job code assigned can cause the SSA to find that you can return to your old jobs when in reality you can't.
When answering questions about your past work, don't overestimate your role or responsibilities. For example, don't describe yourself as a manager or supervisor unless you had the ability to hire, fire, or discipline employees. And describe exactly what you did in your job—don't talk yourself up or down. The job title that you put on your resume might not be an accurate representation of your day-to-day work responsibilities. Remember that you're not looking to impress a potential new employer with all the skills you learned. You're explaining to the SSA why you're unable to return to your past work.
The majority of Social Security disability approvals are medical-vocational allowances, which take into account a claimant's work history, education, age, and medical impairments. Your past work figures heavily into this equation, especially if you're 50 years of age or older and may be found disabled using a special set of rules known as "the grid."
How to Fill Out an Application for Disability Benefits
Applying for SSDI or SSI is a fairly straightforward process. Social Security has several options for you to begin your disability claim.
- File online at ssa.gov.
- Call 800-772-1213 (TTY 800-325-0078) to apply over the phone, 8 a.m. to 7 p.m., Monday through Friday.
- Make an appointment with a representative at your local Social Security field office.
Don’t delay filing because you don’t have all the documents or information you need, as waiting to apply could reduce the amount of disability back pay you can get. The SSA will help you gather whatever you’re missing, including your medical records. (If you'd like assistance with your application, you have several ways to get help with the paperwork.)
When to Contact a Disability Attorney
Most disability applicants wait until after they've been denied at the initial level to hire an attorney. This isn't necessarily a bad decision, but it's not always the wisest one either. That's because a legal professional can help you complete your initial application for benefits in a way that is accurate but persuasive. Few people are awarded disability benefits on their first try, and claimants at this level can sometimes make mistakes on their applications that are hard to undo without legal representation.
Lots of claimants don't seek out an attorney at this early stage because they're understandably worried about the cost of a lawyer, not realizing that disability representatives don't get paid unless (and until) you win. So no matter when you hire an attorney, the most you'll pay is a percentage of any past-due benefits you're owed if you're approved, with nothing out of pocket other than small case-related expenses. That means you don't have much to lose by hiring a lawyer even before you file your application. Most offer free consultations, giving you the ability to "shop around" until you find a lawyer who's a good match.
