Category: Disability

The disability interview is a critical part of the Social Security Disability (SSD) application process. During this interview, the Social Security Administration (SSA) asks you about your medical condition, daily activities, and work history to better understand how your disability affects your ability to work. However, it’s important to remember that how you answer these questions can greatly impact the outcome of your claim. Here are four things you should avoid saying during a disability interview to help ensure your claim is as strong as possible.

1. “I Can Do Some Work”

While it might seem like an innocent statement, saying you can still perform some type of work can hurt your claim. SSA is determining whether your condition prevents you from engaging in substantial gainful activity (SGA). Even if you can perform basic tasks, be cautious about saying that you can still “work” unless it’s clearly within the limitations of your disability.

For example, a claimant with severe back pain might say, “I can work at a desk for a few hours.” This could suggest that they are capable of performing sedentary work, even if their condition prevents them from working full-time. Be clear about your limitations and focus on how your condition impacts your ability to maintain employment consistently.

What to say instead: Be honest about your limitations and focus on how your symptoms impact your ability to work consistently or for extended periods. If you can perform a task for a short time but need frequent breaks, make that clear.

2. “I’m Not That Bad”

Downplaying the severity of your condition is another mistake to avoid. Many claimants don’t want to sound like they’re complaining, so they minimize their symptoms during the interview. However, SSA needs to understand how your disability truly affects your daily life and ability to work. If you tell SSA that your condition “isn’t that bad,” they may assume you’re capable of returning to work.

For instance, a person with rheumatoid arthritis might say, “It’s painful, but I can manage.” This statement doesn’t accurately reflect the severity of their condition and could lead SSA to believe the impairment isn’t serious enough to qualify for benefits.

What to say instead: Be honest about your symptoms and how they impact your daily life. If you experience bad days or flare-ups, explain how those periods prevent you from performing routine activities or working.

3. “I Haven’t Tried Treatment”

If you haven’t followed through with treatments recommended by your doctor, such as physical therapy, medications, or surgery, SSA may question the severity of your condition. It’s important to follow your doctor’s advice as much as possible, and if you haven’t tried certain treatments, be ready to explain why.

There are valid reasons for not pursuing certain treatments, such as financial difficulties, fear of side effects, or the ineffectiveness of past treatments. However, simply saying, “I haven’t tried treatment” without explanation can hurt your claim.

What to say instead: If you haven’t tried a treatment, explain why. For example, “My doctor recommended surgery, but I can’t afford it right now,” or “I had negative side effects from that medication, so we’re exploring other options.”

4. “I’m Feeling Better Today”

It’s natural to want to present yourself positively during an interview, but claiming that you’re feeling better can mislead SSA into thinking your condition isn’t as disabling as it is. Even if you’re having a good day when your symptoms are less severe, avoid implying that your condition has improved permanently.

For instance, a claimant with fibromyalgia might say, “I feel good today,” which could give the impression that they are consistently able to function well, even though they experience frequent bad days where they can’t get out of bed.

What to say instead: Describe your typical symptoms and limitations, not just how you feel on the day of the interview. If your condition fluctuates, explain the difference between good days and bad days and how often you experience each.

How an Attorney Can Help You Prepare

The disability interview can be a stressful part of the application process, but preparation is key. An experienced disability attorney can help you understand what to expect and guide you on how to answer questions in a way that accurately reflects the impact of your condition.

Working with an attorney, like those at Disability Law Group (DLG), ensures that your responses are clear, consistent, and aligned with the medical evidence in your file. This can prevent common mistakes that could hurt your chances of approval and ensure you present a strong, honest case to SSA.

If you’re preparing for a disability interview and want expert guidance, contact Disability Law Group today for personalized assistance.

Balancing work with a serious medical condition can be incredibly challenging, and many workers use the Family and Medical Leave Act (FMLA) to take time off when their health prevents them from performing their job duties. But what happens when your condition is so severe that you can’t return to work even after FMLA leave ends? Can you apply for disability benefits while on FMLA? The answer is yes, but the process requires careful coordination.

Understanding the Purpose of FMLA

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for medical reasons, while still maintaining job protection and health benefits. FMLA is commonly used for temporary medical conditions, maternity leave, or caring for a family member. However, if your medical condition is long-term or permanent, FMLA may not provide enough time for you to recover or return to work.

If your condition is severe enough to qualify as a disability, you can apply for Social Security Disability benefits (SSDI) while still on FMLA. In fact, starting the SSDI process during your FMLA leave can help avoid a gap in income if you’re unable to return to work.

How FMLA and SSDI Work Together

While FMLA is a short-term leave program, SSDI is designed to provide long-term financial assistance for those who are unable to work due to a disabling condition. If you apply for SSDI while on FMLA, you’ll need to show that your condition is expected to last at least 12 months and prevents you from performing any substantial gainful activity (SGA).

It’s important to note that:

• FMLA protects your job for up to 12 weeks, but it does not guarantee income during your time off unless your employer offers short-term disability insurance.
• SSDI benefits, on the other hand, are intended for those who are unlikely to return to work in the foreseeable future due to their medical condition.

Applying for SSDI while on FMLA can provide a safety net if it becomes clear that you won’t be able to return to work. Many claimants worry that starting the SSDI process will impact their FMLA rights, but the two programs function separately. You can maintain your FMLA leave while applying for SSDI without fear of losing job protection.

How to Apply for SSDI While on FMLA

1. Gather medical evidence: If your condition is preventing you from returning to work, your doctor should document your diagnosis and functional limitations. This medical evidence will form the backbone of your SSDI application.
2. Start the SSDI application process: You can apply for SSDI online through the Social Security Administration’s website. Make sure to include detailed information about your medical condition, how it affects your ability to work, and the treatments you’ve received.
3. Coordinate with your employer: Inform your employer that you’re applying for disability benefits while on FMLA. This won’t impact your FMLA leave, but it ensures clear communication if you’re unable to return to work after your FMLA leave ends.
4. Consider short-term disability: If your employer offers short-term disability benefits, this could help cover some of your income while you’re on leave. These benefits are separate from SSDI but can provide temporary financial relief.

Common Mistakes to Avoid

• Waiting too long to apply for SSDI: Some workers wait until after their FMLA leave has ended to apply for disability benefits, creating a gap in income. Start the SSDI application process as soon as you realize your condition is long-term.
• Not providing sufficient medical evidence: Make sure your doctor documents your condition in detail, including your functional limitations and how your symptoms prevent you from working. This evidence is crucial to your SSDI claim.

Why Working with an Attorney Can Help

The SSDI application process can be complex, especially when combined with managing FMLA leave. An experienced attorney can help you navigate both programs, ensuring your application is complete, your medical evidence is strong, and your claim is processed quickly.

Working with an attorney, like those at Disability Law Group, ensures you’re not only protecting your rights under FMLA but also securing long-term financial support through SSDI. They can help you avoid common mistakes, such as missing medical documentation or incomplete forms, and guide you through the process to maximize your chances of approval.

If you’re considering applying for SSDI while on FMLA, contact Disability Law Group today for guidance on how to coordinate these programs and protect your financial future.

The holiday season brings joy, but it can also bring extra stress, particularly if you’re facing financial or health challenges. At Disability Law Group, we’re here to help make this time of year a little brighter with tips and resources to help you navigate the holidays, enjoy the festivities, and manage any obstacles that come your way.

Tips and Ideas:

1. Gift-Giving on a Budget:
   • DIY Gifts: Handcrafted gifts like baked goods, homemade candles, or personalized letters can be heartfelt and meaningful. Consider making gifts that reflect your personal touch without the cost.
   • Gift Exchanges: Suggest a Secret Santa or gift exchange with family and friends to keep spending manageable. This keeps the focus on fun without the pressure of buying multiple gifts.
   • Second-Hand Shopping: Thrift stores and online marketplaces like Facebook Marketplace often have unique gifts at low prices. Consider shopping second-hand for affordable and eco-friendly presents.
2. Accessible Holiday Activities:
   • Holiday Movie Marathons: Enjoy classic holiday movies with your family or friends. It’s a relaxing and low-cost way to celebrate.
   • Community Events: Many local organizations offer free or low-cost holiday events, such as Christmas tree lightings or festive markets. Many are designed to be accessible, but it’s always a good idea to call ahead to confirm accommodations.
   • Holiday Crafts: Simple and accessible holiday crafts, like decorating ornaments or creating homemade wreaths, can bring festive cheer without needing to leave home.
3. Stress and Energy Management:
   • Setting Boundaries: The holiday season can be exhausting, especially if you’re managing a disability. It’s okay to say no to activities that feel overwhelming and prioritize your own well-being.
   • Taking Breaks: Be mindful of your energy levels. If you’re attending holiday gatherings or events, make time for rest breaks to avoid burnout.
   • Support Networks: Reach out to loved ones for support. If you’re feeling isolated, consider joining virtual holiday events or support groups for connection during this time.
4. Community Resources for the Holidays:
   • Holiday Meal Programs: Many local organizations, like The Salvation Army or United Way, provide free Christmas meals or food baskets. Check with local food banks for holiday-specific offerings.
   • Toys for Tots: If you’re a parent, Toys for Tots provides free gifts to children in need during the holidays. You can apply for assistance at toysfortots.org.
   • Operation Christmas Spirit: This organization helps military families, veterans, and individuals facing hardship by providing holiday meals, gifts, and more. Learn more at christmasspiritfoundation.org.

The holidays are about joy, connection, and giving—none of which require spending beyond your means or sacrificing your well-being. However you choose to celebrate, know that it’s okay to do it your way. Whether that means finding quiet moments to reflect or joining in the festivities, the holidays can still be meaningful and fulfilling.

Disability Law Group is here to support you year-round, whether you need legal guidance or help navigating local resources during the holiday season. Reach out to us today to see how we can assist you in making this holiday season a little easier