The incapacity interview is a vital a part of the Social Safety Incapacity (SSD) utility course of. Throughout this interview, the Social Safety Administration (SSA) asks you about your medical situation, each day actions, and work historical past to raised perceive how your incapacity impacts your means to work. Nevertheless, it’s essential to do not forget that the way you reply these questions can enormously influence the end result of your declare. Listed here are 4 issues it’s best to keep away from saying throughout a incapacity interview to assist guarantee your declare is as sturdy as attainable.
1. “I Can Do Some Work”
Whereas it’d seem to be an harmless assertion, saying you may nonetheless carry out some sort of labor can damage your declare. SSA is figuring out whether or not your situation prevents you from partaking in substantial gainful exercise (SGA). Even in the event you can carry out primary duties, be cautious about saying which you could nonetheless “work” except it’s clearly inside the limitations of your incapacity.
For instance, a claimant with extreme again ache may say, “I can work at a desk for a couple of hours.” This might recommend that they’re able to performing sedentary work, even when their situation prevents them from working full-time. Be clear about your limitations and concentrate on how your situation impacts your means to take care of employment constantly.
What to say as a substitute: Be trustworthy about your limitations and concentrate on how your signs influence your means to work constantly or for prolonged intervals. In case you can carry out a job for a short while however want frequent breaks, make that clear.
2. “I’m Not That Dangerous”
Downplaying the severity of your situation is one other mistake to keep away from. Many claimants don’t need to sound like they’re complaining, in order that they decrease their signs through the interview. Nevertheless, SSA wants to know how your incapacity actually impacts your each day life and talent to work. In case you inform SSA that your situation “isn’t that unhealthy,” they might assume you’re able to returning to work.
As an example, an individual with rheumatoid arthritis may say, “It’s painful, however I can handle.” This assertion doesn’t precisely mirror the severity of their situation and may lead SSA to imagine the impairment isn’t severe sufficient to qualify for advantages.
What to say as a substitute: Be trustworthy about your signs and the way they influence your each day life. In case you expertise unhealthy days or flare-ups, clarify how these intervals stop you from performing routine actions or working.
3. “I Haven’t Tried Therapy”
In case you haven’t adopted via with therapies beneficial by your physician, comparable to bodily remedy, drugs, or surgical procedure, SSA might query the severity of your situation. It’s essential to comply with your physician’s recommendation as a lot as attainable, and in the event you haven’t tried sure therapies, be prepared to elucidate why.
There are legitimate causes for not pursuing sure therapies, comparable to monetary difficulties, concern of unwanted effects, or the ineffectiveness of previous therapies. Nevertheless, merely saying, “I haven’t tried therapy” with out clarification can damage your declare.
What to say as a substitute: In case you haven’t tried a therapy, clarify why. For instance, “My physician beneficial surgical procedure, however I can’t afford it proper now,” or “I had unfavorable unwanted effects from that treatment, so we’re exploring different choices.”
4. “I’m Feeling Higher In the present day”
It’s pure to need to current your self positively throughout an interview, however claiming that you simply’re feeling higher can mislead SSA into pondering your situation isn’t as disabling as it’s. Even in the event you’re having a great day when your signs are much less extreme, keep away from implying that your situation has improved completely.
As an example, a claimant with fibromyalgia may say, “I really feel good immediately,” which might give the impression that they’re constantly capable of perform nicely, despite the fact that they expertise frequent unhealthy days the place they’ll’t get off the bed.
What to say as a substitute: Describe your typical signs and limitations, not simply how you’re feeling on the day of the interview. In case your situation fluctuates, clarify the distinction between good days and unhealthy days and the way typically you expertise every.
How an Lawyer Can Assist You Put together
The incapacity interview generally is a demanding a part of the applying course of, however preparation is vital. An skilled incapacity lawyer might help you perceive what to anticipate and information you on the way to reply questions in a manner that precisely displays the influence of your situation.
Working with an lawyer, like these at Incapacity Legislation Group (DLG), ensures that your responses are clear, constant, and aligned with the medical proof in your file. This could stop widespread errors that would damage your probabilities of approval and make sure you current a robust, trustworthy case to SSA.
In case you’re making ready for a incapacity interview and need professional steering, contact Incapacity Legislation Group immediately for customized help.
