A great many people try to get Social Security disability benefits by using common sense. However, I have never found Social Security to use much common sense.
In corner Number One: Social Security, encumbered by thousands of rules, regulations, federal laws and red tape.
In the other corner of the ring: Common Sense, things that would just make sense to the common individual among us.
Here are a few violations of common sense that I've noted over the years with the Social Security Administration:
1) Just because a disease kills a claimant, it doesn't necessarily mean that it was disabling.
2) If a claimant dies while waiting on a Social Security hearing, it doesn't necessarily mean that his or her past due benefits can be recovered by a relative when the claim is finally resolved.
3) Just because you can prove with medical evidence that you have a severe, incurable illness, it may not meet Social Security's definition of "disability."
4) Even though the Dictionary of Occupational Titles has been out of date for over 30 years, it can still be used to deny benefits.
5) If you are clearly not able to continue your job, or to return to the type of work you have done all your life, that may not mean that you are disabled under Social Security's rules.
6) If you are accustomed to earning $150,000 a year in a skilled job that took you 10 years to learn, Social Security can deny benefits by demonstrating that you could perform an unskilled job that only pays minimum wage.
7) Just because your doctor states in writing that you are disabled and are totally unable to perform any type of work, Social Security may still deny benefits.
8) No matter how sick you are, or how old you are, you cannot be found disabled if you are working and earning wages of at least $1,170 per month (before tax). That is a number for 2017; the amount changes year to year. A higher number applies to individuals who are blind.
Social Security operates by rules that are so complex and so complicated, even legal professionals sometimes have trouble keeping up with them. If you think you can approach Social Security disability by just relying on common sense, forget it. That commodity is in rare supply within the Social Security Administration, as it is within most of the federal government. You must know the rules that Social Security plays by and you must learn to play by those rules if you want to win.
In corner Number One: Social Security, encumbered by thousands of rules, regulations, federal laws and red tape.
In the other corner of the ring: Common Sense, things that would just make sense to the common individual among us.
Here are a few violations of common sense that I've noted over the years with the Social Security Administration:
1) Just because a disease kills a claimant, it doesn't necessarily mean that it was disabling.
2) If a claimant dies while waiting on a Social Security hearing, it doesn't necessarily mean that his or her past due benefits can be recovered by a relative when the claim is finally resolved.
3) Just because you can prove with medical evidence that you have a severe, incurable illness, it may not meet Social Security's definition of "disability."
4) Even though the Dictionary of Occupational Titles has been out of date for over 30 years, it can still be used to deny benefits.
5) If you are clearly not able to continue your job, or to return to the type of work you have done all your life, that may not mean that you are disabled under Social Security's rules.
6) If you are accustomed to earning $150,000 a year in a skilled job that took you 10 years to learn, Social Security can deny benefits by demonstrating that you could perform an unskilled job that only pays minimum wage.
7) Just because your doctor states in writing that you are disabled and are totally unable to perform any type of work, Social Security may still deny benefits.
8) No matter how sick you are, or how old you are, you cannot be found disabled if you are working and earning wages of at least $1,170 per month (before tax). That is a number for 2017; the amount changes year to year. A higher number applies to individuals who are blind.
Social Security operates by rules that are so complex and so complicated, even legal professionals sometimes have trouble keeping up with them. If you think you can approach Social Security disability by just relying on common sense, forget it. That commodity is in rare supply within the Social Security Administration, as it is within most of the federal government. You must know the rules that Social Security plays by and you must learn to play by those rules if you want to win.
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