Practice Areas

• Personal Injury
• Social Security Disability
• Workers' Compensation
• Real Estate Law
• Business Law
• Franchise Law

Blog

Social Security Disability

• Social Security Disablity Insurance: Expansion of Compassionate Allowance Conditions
• What All New Yorkers Should Know About Family Social Security Benefits
• How to Apply for Social Security Disability Benefits in New York City
• 3 Ways to Help You Determine if You are Eligible to Receive Social Security Disability Payments
• Social Security Disability Backlog Decreases: Make Sure you Get Approved for Social Security Disability Benefits

view more

Library

Social Security Disability

• New York Family Benefits Under Social Security
• New York Family Benefits Under Social Security
• What Disabled New Yorkers Need to Know about Social Security Work Incentives
• Bipolar Disorder & Social Security Disability
• Who Qualifies for Social Security Disability Insurance?

view more

5 Mistakes to Avoid When Filing a Social Security Disability (SSD) Claim

1. Not obtaining the medical treatment recommended by your doctors.

• In order to you receive SSD benefits, you must be unable to do any substantial work because of your medical condition and the medical condition must have lasted, or expected to last, at least 1 year, or be expected to result in your death. This is a very strict definition of “disability” and very difficult to attain. It is essential that your doctor determine that you are “totally disabled” and provide the medical records to back up such a claim. If you don’t obtain the medical treatment, and don’t listen to your doctor’s advice and recommendations for treatment, you may be unable to qualify for benefits.

2. Not listing all of your physical and mental illnesses on your application.

• Many people are under the impression that if they hurt their knee in a car accident, and then hurt their neck years later in a separate accident, they can only file for benefits under “one” injury. This is not true. SSD allows you to list multiple injuries to enable you to qualify for disability benefits. Even psychiatric treatment can help you to qualify for disability benefits.

3. Relying on a Chiropractor or Physical Therapist to help you obtain benefits.

• I have many clients that tell me that “my chiropractor told me I am totally disabled” and that I should apply for benefits. I can tell you from experience that disability claims supported only by chiropractic records will be denied. The SSA has not listed chiropractors as acceptable medical sources to perform Disability Examinations. Although the SSA can review their records, a chiropractor’s opinion alone is not sufficient to qualify you for benefits.

4. Not including the names and addresses of all your doctors when filing for SSD benefits.

• Many people look at the space that is included on the Disability Application and notice that the space for you to list the doctors is too small. Applicants feel that since there is only limited room on the form, they don’t need to list all of their doctors. SSA must have a complete picture of your medical condition and the opportunity to obtain all of your medical records. Certain doctors may have information that SSA finds important in evaluating your application. It is important that you list each and every doctor that may have information helpful to your claim.

5. Relying on the SSA to obtain all of your medical records from your doctors.

• The SSA will make their decision based upon the medical records that they actually receive from your doctors. After you fill out the application, the SSA will send out requests to your doctors for copies of your medical records. If they do not receive the records, there is no probability that they will follow up with your doctor. They will most likely make a decision without important medical records supporting your disability claim. This usually leads to a denial of benefits and an appeal. Make sure that you when you apply for benefits, that you have copies of your important medical records and that your doctor responds to SSA’s requests for medical records.

Frank J. Dito, Jr., Esq. a member of the "Multi-Million Dollar Advocates Forum", is an experienced trial attorney who represents injured individuals and their families. Frank is the author of "A Lawyers Guide to Car Insurance", the publisher of the "New York Injury Law Blog" and he is a frequent speaker regarding the recovery of benefits and the preservation of rights resulting from accidents and work place injuries. If you or a family member has been injured in an accident or in the work place contact Frank J. Dito, Jr. to discuss your legal rights and how he assists clients in obtaining the benefits and compensation that they are entitled to. 

IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Frank J. Dito, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Frank J. Dito, Esq.

Free Consultation