Failure to Take Proper Action – Connecticut Injury Lawyers
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Failure to Take Proper Action

So many things are expected of you when you seek disability benefits. For someone who is disabled and may be unfamiliar with the process, all of the requests can be overwhelming. Knowledge is power in this journey to get SSDI because the more informed you are, the more prepared you can be for something that catches you off guard. It’s pretty likely that if you are facing an issue, someone else has to, and maybe they have published something online on how to deal with it. For many people, though, there will come a time when they will have to contact an attorney to seek help. A disability attorney will be familiar with the application process and the necessary steps to avoid future issues or delays in benefits.

Failing to Appeal

Failing to file an appeal can be the end of an SSDI claim. You have a limited time window to bring the claim, typically around 60 days from the previous denial. Each step of the appeal will have a deadline so your case does not age out. Keep yourself informed of these dates so you can work within the time constraints. However, life will commonly get in the way of your application and any possible appeals. If you failed to follow the appeals process, you should consider contacting an attorney for help. A disability lawyer will put you in the best position to win an appeal.

It matters how long it has been since your appeal window has closed. If you are within a year, you may be able to argue that you had a good reason for not appealing on time. The reasoning accepted changes if it has been over two years or four years as well. The criteria get more strict as time passes. As soon as you can act, you should work towards building your case to increase your chances of success.

Failing to Answer the SSA in a Timely Manner

There is a window of time that you should act at any time you are contacted by the Disability Determination Services (DDS) or the SSA. If you receive a phone call about your case, answering it is in your best interest, even if you cannot talk. Make it clear that you must find a new environment or time because you’re busy, but be polite. If you are asked to mail something to the office, you should try to get it postmarked and in the mail as soon as possible. If you’re having issues with anything, call the office first to ask any questions. Waiting to get answers will only delay your claim and prolong the time until you get benefits or even put your case in danger if you wait too long.

You will be asked to provide a lot of documentation during the application process. This includes medical records, prior work history, any recent pay stubs, values of assets, household members, etc. All of this is necessary and must be provided to create a complete application. Incomplete applications will cause processing delays or trigger a denial in the initial stage, forcing you into the appeals process. If you are overwhelmed or facing a possible appeal, you should contact an attorney to sort it out.

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Failing to Follow Doctor’s Orders

When reviewing an application, the DDS will try to figure out if your condition is sufficiently limiting to your life to justify awarding you benefits. Medical records will be invaluable to proving your case at this stage. Failure to see a doctor to document your symptoms will tank your chances of getting benefits because the office will have very little evidence to work off of besides your testimony.

The DDS likes to know that you have sought any possible treatment from a medical professional to show that your case is severe enough to warrant benefits. This means that if you see a doctor and they want to start treatment, but you fail to engage with it, your application will probably be seen in a more unfavorable light. The people reviewing your claim will likely see that as meaning your disability is not severe enough to warrant giving you benefits. You should do your best to follow what your doctors tell you to do, and even if their ideas fail, you will be able to show that you are willing to try new ways to treat your condition and engage with the medical process. This assumption could make or break your application, so always keep it in mind when seeking medical attention for your disability while applying for or receiving a form of SSDI payment.

Contact an Attorney Today!

There are a ton of things that could go wrong when applying for SSDI or even after you have been approved. Keep yourself organized and write down important dates and information to recall later, just to make sure it is all available to you whenever you need it. Any digital documents should be saved in a central location, and physical documents should stay together safely. Ideally, you should scan physical documents onto your computer to make copies on demand and keep everything together. If you need help along the way, call a lawyer! A disability lawyer will know what you need to maximize your chances of success. Contact us today to get the help you need to get the benefits you deserve.


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