1.  They don’t file an appeal or don’t timely file an appeal. The process is long and confusing and people get discouraged when they get a denial. People that have good claims get denied, expect to get denied, but don’t place to much credit upon the denial, file your appeal. Sometimes people are told to file a new claim. This is a mistake. Your second application is not likely to fare any better than your first application. Do yourself a favor and hire an attorney who handles Social Security cases to help you with your appeal. You only have 60 days from the date of denial to file the appeal.

2.  They don’t seek treatment for their conditions. There are a lot of reasons people do not go for medical treatment. Examples include: the cost; my doctor told me there is nothing more he/she can do for my condition; the treatment doesn’t help or makes my symptoms worse. This is a mistake. This process is about your credibility to some extent. A judge may not believe your condition is as bad as you say if you are not getting medical treatment. The people who get benefits are those who continue to treat, even if the treatment is not very effective, and can point to a medical record showing they are following their doctors’ treatment recommendations and what has worked or hasn’t worked for you.

3.  They don’t have a good doctor’s opinion on their restrictions. I talk to people every day who want to focus solely on their diagnosis. The burden of proving you are disabled is on you. You need medical evidence from a physician in the form of a diagnosis, treatment records, diagnostic test results, hospital records and a statement from your doctor describing your functional limitations.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.